SHAFSTON & SHAFSTON

[2012] FamCA 571

FAMILY COURT OF AUSTRALIA

SHAFSTON & SHAFSTON [2012] FamCA 571

FAMILY LAW - CHILDREN - With whom a child lives - Where the Applicant Mother has failed to make an appearance - Where the trial was heard on an undefended basis

APPLICANT: Ms Shafston

RESPONDENT: Mr Shafston

FILE NUMBER: TVC 253 of 2011

DATE DELIVERED: 23 July 2012

PLACE DELIVERED: Townsville

PLACE HEARD: Townsville

JUDGMENT OF: Kent J

HEARING DATE: 23 July 2012

Orders

1. The time provided for in the Orders of 20 March 2012 for time to be spent by the Applicant Mother with the children shall not be exercised by the Applicant Mother other than within a 100km radius of Suburb B, New South Wales.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Shafston & Shafston has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT TOWNSVILLE

FILE NUMBER: TVC 253 of 2011

Ms Shafston

Applicant

And

Mr Shafston

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. These proceedings concern the children, K, born in December 2000, E, born in February 2004, and H, born in July 2005.

2. On 20 March 2012, the matter cam before his Honour Justice Murphy, and his Honour then made a number of Orders as and by way of final Orders. His Honour further ordered, in paragraph 9 of the Orders referred to, that the Mother file an Application by no later than 4.00 pm on 2 July 2012 to show cause why an additional Order ought not be made that the time otherwise provided for in those Orders should not be exercised by the Mother other than within a 100km radius of Suburb B, in the Greater Western Sydney region, New South Wales.

3. No such application has been filed by the Mother.

4. By paragraph 10 of those Orders, the Father was to file an affidavit within 28 days of those Orders setting out why an Order should be made that the time provided for in those Orders should be exercised by the Mother only within a 100km radius of Suburb B, New South Wales.

5. Pursuant to that Order, on 9 July 2012, the Father filed a further affidavit.

6. Mr Shafston, who appears for himself by telephone this morning, informs me that he has had discussions with the Mother since the making of the Orders of 20 March 2012, and it would seem that the Mother is aware of the proceedings, and in particular, is aware as to the Orders made on 20 March 2012. It is noted that the Mother has not appeared on the hearing before me today.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Kent delivered on 23 July 2012.

Associate: 

Date: 24 July 2012