Smittey and Smittey

[2009] FamCA 299

FAMILY COURT OF AUSTRALIA

SMITTEY & SMITTEY [2009] FamCA 299

FAMILY LAW – CHILDREN – Consent orders

Family Law Act 1975 (Cth)

APPLICANT: Mr Smittey

RESPONDENT: Ms Smittey

FILE NUMBER: MLC 4855 of 2008

DATE DELIVERED: 2 April 2009

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: THE HONOURABLE JUSTICE CRONIN

HEARING DATE: 2 April 2009

REPRESENTATION

COUNSEL FOR THE APPLICANT:

SOLICITOR FOR THE APPLICANT: AUGHTERSONS

COUNSEL FOR THE RESPONDENT:

SOLICITOR FOR THE RESPONDENT: DELLIOS WEST AND CO

Orders

1. That BY CONSENT there be orders in accordance with the minutes of proposed orders marked Exhibit “A” sealed and attached hereto AND IT IS DIRECTED that such minutes remain upon the Court file.

2. That pursuant to s.65DA(2) and s.62B, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these orders.

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

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 4855  of 2008

MR SMITTEY

Applicant

And

MS SMITTEY

Respondent

REASONS FOR JUDGMENT

1. This case involves a child who was born in March 1997 and who is now aged 12 years. 

2. The applicant in the proceedings is the child’s father and the respondent is her sister who is aged 24.  The child’s mother died in March 2008 and the father filed an application on 28 May 2008 that the child should live with him. 

3. The parties have reached a compromise and have requested not only orders for equal shared parental responsibility but also set terms for the child to spend time with her father and during holidays.

4. There are no allegations of physical abuse or sexual impropriety and I have material setting out the details of the care of the child.

5. In the circumstances, I propose to make the orders on the basis that they are in the best interests of the child.

I certify that the preceding Five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin

Associate: 

Date:  23 April 2009