Snape and Callow

[2017] FamCA 1120

FAMILY COURT OF AUSTRALIA

SNAPE & CALLOW [2017] FamCA 1120

FAMILY LAW – CHILDREN – Unopposed final parenting order

APPLICANT: Mr Snape

RESPONDENT: Ms Callow

INTERVENOR:

INDEPENDENT CHILDREN’S LAWYER: Mr Piekarski

FILE NUMBER: DGC 3096 of 2008

DATE DELIVERED: 1 November 2017

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Bennett J

HEARING DATE: 1 November 2017

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Davine

SOLICITOR FOR THE APPLICANT:

COUNSEL FOR THE RESPONDENT: In Person

SOLICITOR FOR THE RESPONDENT:

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER Mr Kiernan

SOLICITOR FOR THE RESPONDENT: Victoria Legal Aid

Orders

IT IS ORDERED:

1.That all previous parenting orders be and are hereby discharged with the effect that each parent has parental responsibility for the children B born … 2001 (“B”) and C born … 2003 (“C”) (“the children”).

2.There be no orders in relation to the parent with whom each child is to reside.

3.That the father do all acts and things necessary to:-

a)      Notify the Principal of D School or other Proper Officer of the said school that the child C will leave the said school at the conclusion of this academic year and commence tuition at E School;

b)      Enrol C as a student at E School to commence in 2018 subject to doing any necessary or desirable orientation programs or visits to the school in 2017.

4.For the avoidance of doubt, as each party has parental responsibility for the children, each parent is entitled to receive from any school the children, or either of them attend, duplicates of notices, school reports, invitations to things that are ordinarily sent to the parents including invitations to attend school events and parent-teacher interviews.

5.The father refrain by himself his servants or agents including his wife, Ms F, from causing permitting or suffering C to be advised earlier than when he sees her this afternoon of the outcome of these proceedings.

6.The mother be at liberty to inform C of the outcome of these proceedings as soon as practicable and if necessary by telephone.

7.Each parent notify the other forthwith of any medical emergency concerning the children, or either of them, including the nature of the injury or medical complaint, the treating doctor or place at which the child has been hospitalised.

8.That pursuant to Sections 65DA(2) and 62B the particulars and 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 those particulars are included in these orders.

9.The proceedings be otherwise dismissed and removed from the docket of the Honourable Justice Bennett.

10.My reasons for decision this day be transcribed and when settled placed on the Court file and sent to the parties.

Note: The form of the order is subject to the entry of the order in the Court’s records.

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

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: DGC 3096 of 2008

Mr Snape

Applicant

And

Ms Callow

Respondent

And

INDEPENDENT CHILDREN’S LAWYER

REASONS FOR JUDGMENT

1. This parenting matter concerns the children B who is 16 years of age and C who is 14 years of age. I am satisfied that the orders set out at the beginning of these reasons are in the best interests of the subject children. It is particularly fortunate that the mother has decided to do this today, rather than pursuing the proceedings further. 

2. B lives with the father and her siblings who are the father’s children from his previous relationship.  B moved to a government school two years ago. C lives with the mother but wants to leave her current school to attend the same school as B. I commend the mother’s courage in bringing the proceedings to an end today. I make the orders sought by the father and supported by the independent children’s lawyer.  The effect of the Order is that each parent has equivalent parental responsibility for the children notwithstanding that they are unlikely to agree about major long term decisions. Both children can reside where they want to reside.  

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Bennett delivered on 1 November 2017.

Associate: 

Date:  5 January 2018