Sokolov and Roy and Anor

[2011] FamCA 531

FAMILY COURT OF AUSTRALIA

SOKOLOV & ROY AND ANOR [2011] FamCA 531

FAMILY LAW - CHILDREN - paternal grandmother have sole parental responsibility for the children - children live with the paternal grandmother - children spend time with their mother

Family Law Act 1975 (Cth)

APPLICANT: Mr Sokolov

1st RESPONDENT: Ms Roy

2nd RESPONDENT: Ms Sokolov

INDEPENDENT CHILDREN’S LAWYER: Mr Davies

FILE NUMBER: SYF 296 of 2006

DATE DELIVERED: 17 June 2011

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney 

JUDGMENT OF: Watts J

HEARING DATE: 17 June 2010

REPRESENTATION

SOLICITOR FOR THE APPLICANT: n/a

SOLICITOR FOR THE 1ST RESPONDENT: n/a

SOLICITOR FOR THE 2ND RESPONDENT: Hilton King Lawyers

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Maguire & McInerney Lawyers

Orders

1. The paternal grandmother have sole parental responsibility for B born … August 1998, K born … August 1998, G born … February 2000 and P born … September 2003 (“the children”).

2. The children live with the paternal grandmother.

3. The mother spend time with the children each Saturday from 10am to 4pm.

4. For the purposes of spending time with the children, the mother collect the children from the paternal grandmother at her residence at … S Street, Wollongong Suburb 1, NSW, 2526 and return the children to the paternal grandmother at the paternal grandmother’s residence at the conclusion of the children’s time with her.

5. The mother be restrained from bringing the children into contact with Mr V during such time that she is spending time with the children.

6. Each party be restrained from denigrating the other party within the hearing of or within the presence of the children.

7. 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 Sokolov & Roy and Anor is approved pursuant to s 121 (9) (g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER:  SYF 296 of 2006

Mr Sokolov

Applicant

And

Ms Roy

Respondent

And

Ms Sokolov

2^nd Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. This is an application by the paternal grandmother for final parenting orders.  I am asked to deal with the matter without the further involvement of the mother.

2. I have read the affidavit that has been filed by the paternal grandmother.  I take into account the history of this matter and, in particular, notation 6 made on 9 May 2011 as to the mother’s failure on four occasions to make herself available and to attend interviews with the family consultant for the purposes of preparation of the family report.  I am also mindful of her failure to make available or to facilitate the attendance by Mr V at any interview for the purpose of preparing a report for the Court. The appropriateness of allowing the children to have contact with Mr V was to be a serious issue in this case.

3. The four children have been living in the household of the second respondent since 2005.  There is no indication that they are not being properly and adequately cared for.  The mother has not been able to get her act together and has chosen not to participate in these proceedings in any meaningful way for some time now.  She is, however, still apparently, from time to time, seeing the children, although that, according to the most recent affidavit, is problematic.  I am comfortable, however, in finding that the paternal grandmother is making every effort which she can to facilitate and encourage a continuing relationship between the four children and their mother.

4. In this matter, I am comfortable, having regard to the matters set out in s 60CC (2) and (3) Family Law Act, that it is in the best interests of the children for a final order to be made that they live with the paternal grandmother and that the arrangement that she proposes for them to spend time with their mother in all the circumstances of this case is in their best interests. 

5. It is appropriate also in the circumstances that, given that the children will be living with their paternal grandmother, that an order for sole parental responsibility be made in her favour. 

6. The evidence that I have about Mr V would also lead me to find that there is a proper basis for making the orders sought that the mother be restrained from bringing the children into contact with Mr V.

7. I will make a non-denigration order as sought and I will make an order in relation to the mother being involved in the transportation of the children as sought. 

I certify that the preceding seven (7) paragraphs are a true copy of the ex tempore reasons for judgment of the Honourable Justice Watts delivered on 17 June 2011.

Associate:   

Date:  1.7.2011