SHEPPARD & SHERWIN & ANOR

[2017] FCCA 1460

FEDERAL CIRCUIT COURT OF AUSTRALIA

SHEPPARD & SHERWIN & ANOR [2017] FCCA 1460

Catchwords:
FAMILY LAW – Trial directions – application made by Paternal Grandmother in relation to children – parents want to have no contact with Applicant – whether a family report is necessary – matter fixed for trial without requiring a family report – impact of proceedings on children.

Legislation:

Family Law Act 1975, ss.60B, 61B, 69ZN(3)

Cases cited:

Church & Overton and Anor [2008] FamCA 953

Applicant: MS SHEPPARD

First Respondent: MR SHERWIN

Second Respondent: MS SHERWIN

File Number: MLC 11964 of 2016

Judgment of: Judge McNab

Hearing date: 22 June 2017

Date of Last Submission: 22 June 2017

Delivered at: Melbourne

Delivered on: 27 June 2017

REPRESENTATION

Solicitors for the Applicant: Cantwell Family Lawyers

The Respondents in person

ORDERS

1. The application be fixed for trial on 3 November 2017 at 10:00am with an estimated hearing time of 1 day.

2. The affidavits filed by or on behalf of the parties stand as evidence in chief at the trial.

3. Any party wishing to file further affidavit evidence shall do so by filing same by 4pm 13 October 2017.

4. The minute of proposed final Orders of the Applicant filed on 23 June 2017 stand as the relief sought by the Applicant.

5. Costs reserved.

AND THE COURT NOTES THAT:

A.There is no requirement for the parties to file an outline of case in this proceeding.

IT IS NOTED that publication of this judgment under the pseudonym Sheppard & Sherwin & Anor is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT MELBOURNE

MLC 11964 of 2016

MS SHEPPARD

Applicant

And

MR SHERWIN

First Respondent

MS SHERWIN

Second Respondent

REASONS FOR DECISION

Introduction

1. The applicant is the grandmother of X, born (omitted) 2004, and Y born (omitted) 2010 (‘the children’). Because of a substantial estrangement between the applicant paternal grandmother and the respondents, she has not seen the children and the respondents for about three years.

2. The paternal grandmother seeks final orders in the terms filed on 22 June 2017, which include orders for the children to spend time with her every six weeks, on the day prior to birthdays and at Christmas time. She also seeks orders that she be permitted to communicate with the children by telephone once per fortnight and that she be permitted to send cards and gifts to the children and the parents are to ensure that those gifts and cards are provided to the children and that such gifts and cards have been sent by the grandmother. The respondents oppose the orders sought by the grandmother.

3. This matter came before the Court on 22 June 2017 for mention as a result of orders the Court made by consent on 28 February 2017. Those orders provided in substance for the parties and the children to enrol with the children and participate in reportable family therapy at a cost to be shared equally between the applicant and the…