Steele and Galloway (No 2)

Case

[2011] FamCA 878


FAMILY COURT OF AUSTRALIA

STEELE & GALLOWAY (NO 2) [2011] FamCA 878
FAMILY LAW – CHILDREN - Child related proceedings
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: 14 September 2011
PLACE DELIVERED: Sydney
PLACE HEARD: Sydney
JUDGMENT OF: Fowler J
HEARING DATE: 14 September 2011

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Ms Adams
SOLICITOR FOR THE RESPONDENT: Ms Donnelly
INDEPENDENT CHILDREN’S LAWYER: No appearance

Orders

  1. Orders are made in terms of paragraphs 1, 3 and 4 of a document dated


    13 September 2011, filed herein as set out hereunder:

    "1.That pending Appeal, the child J shall spend time with the mother as follows:

    1.1      at Central West Contact Service, each week as follows:

    1.1.1   9.30 am to 1.30 pm on Saturday and

    1.1.2   1.00 pm to 4.00 pm on Thursday.

    3.That each of the parties shall forthwith do all acts and things and sign all documents necessary to complete the intake requirements of C Contact Service.

    4.That the father or his nominee shall deliver J to, and collect J from, each contact event."

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. For reasons related to the matters that have passed between myself and those representing the parties, and in particular the desire of the mother to engage in search for employment during the week and the difficulties in additional costs and the like facing the father, it seems to me appropriate that I make orders in accordance with 1 and 3 and 4 of the orders proposed by the mother.

  2. I decline to make at this stage order number 2.  The decision in relation to the cost of such supervision was the subject of my judgment and Orders made in the proceedings but a short time ago.

  3. So for those reasons I make Orders 1, 3 and 4 set forth in the Minute of Proposed Order of the mother initialled by me and placed with the papers.

  4. I commend the parties to some discussions to see if a better solution can be procured in keeping with the tenor of my judgment but with a greater convenience and perhaps less cost to both parties.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Fowler delivered on 14 September 2011.

Associate: 

Date:  16 November 2011

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Jurisdiction

  • Remedies

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