Steele and Galloway

[2011] FamCA 877

FAMILY COURT OF AUSTRALIA

STEELE & GALLOWAY [2011] FamCA 877

FAMILY LAW – STAY

Family Law Act 1975 (Cth)

APPLICANT: Ms Steele

RESPONDENT: Mr Galloway

INDEPENDENT CHILDREN’S LAWYER: Reid Family Lawyers

FILE NUMBER: SYC 6615 of 2007

DATE DELIVERED: 2 September 2011

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Fowler J

HEARING DATE: 2 September 2011

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Ms Adams

SOLICITOR FOR THE RESPONDENT: Ms Donnelly

INDEPENDENT CHILDREN’S LAWYER: Ms Reid

Orders

1. The mother's Application in a Case filed 25 August 2011 in relation to a stay is refused.

2. The matter is stood over before me to 9.30 am on Thursday, 8 September 2011 part-heard in relation to supervision of contact between the child and his mother.

IT IS NOTED that publication of this judgment under the pseudonym Galloway and Steele 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 SYDNEY

FILE NUMBER: SYC 6615  of 2007

Ms Steele

Applicant

And

Mr Galloway

Respondent

And

Reid Family Lawyers

Independent Children’s Lawyer

REASONS FOR JUDGMENT

1. Just in relation to the stay.  I accept that the appeal is not frivolous in the sense that it is a straightforward appeal.  I do not accept that to refuse a stay would render the appeal nugatory.  I believe that having determined what is in the best interests of the child is in the best interests of the child.  That so far as possible the letter and spirit of the Orders that I have made in the judgment should be maintained in the meantime unless overturned.  I have considered the question of the likely success of the appeal and note that it is an appeal from a discretionary judgment.  I say however that it was always my intention that there be supervised contact between the mother and the child.  I do not accept that I am entitled to make a presumption that Mr Galloway will fund supervision.

I certify that the preceding paragraph is a true copy of the reasons for judgment of the Honourable Justice Fowler delivered on 2 September 2011.

Associate:

Date:  16 November 2011