SKELLY & HUXFORD

[2015] FamCA 345

FAMILY COURT OF AUSTRALIA

SKELLY & HUXFORD [2015] FamCA 345

FAMILY LAW – PARENTING – where ex-parte application – where appropriate to consider application ex-parte – where mother admitted to mental health facility – where mother placed child with father – where mother’s prognosis unknown – consideration of child’s best interests – where appropriate for orders that child live with father pending further orders.

Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 61DA

Goode & Goode (2006) FLC 93-286

APPLICANT: Mr Skelly

RESPONDENT: Ms Huxford

FILE NUMBER: SYC 1669 of 2010

DATE DELIVERED: 1 May 2015

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Foster J

HEARING DATE: 1 May 2015

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Haughton

SOLICITOR FOR THE APPLICANT: Solon Lawyers Solicitors & Attorneys

COUNSEL FOR THE RESPONDENT: No appearance

Orders

IT IS ORDERED THAT:

1. Compliance with any Rules so as to facilitate this matter being dealt with today on an ex parte basis is dispensed with.

2. Leave is granted to the parties to approach the Listings Coordinator for the purpose of obtaining dates for hearing in relation to the applications referred to below noting that it is anticipated that the hearing will take one day plus.

IT IS NOTED THAT:

(A)The pending applications the subject of the preceding order are:

(a)       Father’s Contravention Application filed on 14 May 2014;

(b)       Father’s Contravention Application filed on 17 September 2014;

(c)       Father’s Contravention Application filed on 21 November 2014; and

(d)       Father’s Application for Contempt filed on 21 November 2014.

IT IS FURTHER ORDERED THAT:

1. All previous orders in relation to the child living with or spending time with either parent be suspended pending further order noting that the order for equal shared parental responsibility made by consent on 17 October 2010 continues.

2. Pending further order the child M born … 2007 (“the child”) live with the Father.

3. Pending further order the child spend time with the Mother as agreed between the parties.

4. The Mother do all things necessary and sign all necessary documents so as to facilitate the Father being able to obtain information from her treating medical practitioner in particular Dr C, consultant psychiatrist, in relation to the Mother’s mental health and her capacity for either the child to return to reside with her in terms of the previous orders or for the child to spend time with the Mother and upon what conditions such time should be implemented having regard to the Mother’s mental health issues.

5. Leave is granted to the Mother to make application to vary or discharge these orders on short notice noting however that any such application should be supported by appropriate medical evidence on affidavit by her treating medical practitioners as to her history, current and proposed treatment, her prognosis and the capacity of the Mother to provide appropriate care of the child in the event that the child is either living with her or spending time with her as agreed between her and the Father.

6. The parties are…