Snell and Snell (No. 3)

[2015] FamCA 46

FAMILY COURT OF AUSTRALIA

SNELL & SNELL (NO. 3) [2015] FamCA 46

FAMILY LAW – CHILDREN – Interim orders – Order that the mother reveal the school and care facilities the child attends – Where the father consents to orders that he be restrained from approaching or contacting the child – Where these orders are consistent with existing interim orders

APPLICANT: Mr Snell

RESPONDENT:	Ms Snell
INDEPENDENT CHILDREN’S LAWYER:	Patrick Dooley

FILE NUMBER: BRC 4332 of 2012

DATE DELIVERED: 30 January 2015

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 30 January 2015

REPRESENTATION

THE APPLICANT:	In person
SOLICITOR FOR THE RESPONDENT:	Muir Lawyers

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Mr Slade-Jones

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Dooley Solicitors

Orders

it is ordered with the consent of the father until further order that:

1. The Father is restrained and an injunction hereby issue restraining him or him causing any other person on his behalf, from:

a.   attempting to attend physically upon the school attended by the child, B born … 2006, being F School at Suburb G;

b.    attempting to remove the child from his school;

c.    attempting to contact the child at his school;

d.    attempting to physically attend upon any employee or agent of the child’s   

school; or

e.    attempting to obtain information from the school otherwise than in accordance                    

with paragraph 2.

1. By these Orders the said school is authorised to provide to the Father, upon his request in writing either by letter or electronically and at his cost, copies of school reports, school newsletters, applications for class photographs and the like AND FURTHER to provide all such information to the Father in relation to the child’s educational and social progress as is usually provided to parents or guardians of a child.

It is ordered that:

1. The Mother to disclose to the Court the names of all of the schools and all of the before and after school care providers the child has attended and currently attends.

1. Leave is given to the Independent Children’s Lawyer to issue subpoenae directed to:

a.   K School Child Care;

b.   F School Child Care; and

c.   Queensland Police Service for any records relating to the domestic violence history of Ms Snell also known as … and also known as …, as either the aggrieved or as the respondent.

1. Pursuant to s 62B and s 65DA(2) of the Family Law Act 1975 (Cth), 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 to adjust to and comply with an order, are set out in the document entitled “Parenting orders – obligations, consequences and who can help”, a copy of which is annexed to these Orders.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Snell & Snell (No. 3) 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 BRISBANE

FILE NUMBER: BRC 4332 of 2012

Mr Snell

Applicant

And

Ms Snell

Respondent

EX-TEMPORE REASONS FOR JUDGMENT

1. An issue has arisen in the course of the trial concerning the extent to which the mother avails herself of before and after school care for the child, the subject of these proceedings, both historically and currently.

2. There is no issue that historically the child has attended K School and has attended the child care facility attached to that school.

3. At some time more recently, the child’s school has changed.  There is an issue of fact in the trial as to the extent to which the mother currently uses before or after child care from that service.

4. The father wishes to test the accuracy of the mother’s evidence in that respect by reference to the records maintained by the relevant child care facility and seeks the issue of a subpoena for that purpose and seeks also to know the school the child is currently attending so that he might obtain school reports and the like and the information that is normally provided by schools to parents in relation to their child’s academic progress.

5. The mother objects to providing the identity of the school on the basis that she contends that she has sole parental responsibility and she does not want the father to know the identity of the school where the child is currently attending. 

6. She says that she has invoices for the period from 2012 to now which will demonstrate the extent to which she has availed herself of school care.  However, of course, that in itself relies upon the mother having a complete copy of all invoices and producing all copies of invoices, a matter which the father is entitled to test, it seems to me.

7. It is clear that the father is aware of the current address of the mother.  The father is prepared to consent to an order to restrain him from removing the child from the school or attempting to have contact with the child at the school or in any way attempting time or communication with the child outside orders made by this Court.  There are currently in existence orders regularising that matter, including the currently operative order which provides for the father’s time and communication only to be at a contact centre.  That order has not been discharged or varied.

8. I make the order by consent of the father in those terms and I extend its terms to be that the order itself be authority for the father to obtain, from the relevant school, information provided by that school in the usual way to parents so far as academic progress, other information, involvement in extra-curricular activities and the like is concerned.

9. The father consents to that order in terms of his communication with the school being only in writing, either by letter or electronic means.

10. In those circumstances I propose to give leave to the Independent Children's Lawyer to issue a subpoena to the relevant child care provider, the name of which will be inserted when the mother shortly identifies the name of it, and I will issue an order in the terms I have described, including the name of the current school, when the mother discloses that.

11. For these reasons I make the order referred to.

I certify that the preceding eleven (11) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Kent delivered on 30 January 2015.

Associate: 

Date:  30 January 2015