Stewart and Bain (No. 2)

[2007] FamCA 248

FAMILY COURT OF AUSTRALIA

STEWART & BAIN (NO. 2) [2007] FamCA 248

FAMILY LAW - CHILDREN – Application following long trial in Long Defended List – Issue as to changeover – Orders made.

APPLICANT: Ms Stewart

RESPONDENT: Mr Bain

INDEPENDENT CHILDREN’S LAWYER:

FILE NUMBER: DGF 766 of 2005

DATE DELIVERED: 12 February 2007

PLACE DELIVERED: Melbourne

JUDGMENT OF: Guest J

HEARING DATE: 12 February 2007

REPRESENTATION

COUNSEL FOR THE APPLICANT: In person

COUNSEL FOR THE RESPONDENT: Mr Hyams

SOLICITOR FOR THE RESPONDENT: Brian J Hyams

INDEPENDENT CHILDREN’S LAWYER COUNSEL: Mr Halliday

INDEPENDENT CHILDREN’S LAWYER SOLICITOR: Robert Halliday & Associates

Orders

1. That the Final Orders made on 25 January 2007 be varied by adding thereto the following:

   “4.7That for the purpose of effecting the mother’s contact to the child (born in September 1997) on 16 February 2007 and 18 February 2007 the changeover take place at the G CONTACT CENTRE, at M AND THEREAFTER the changeover for contact purposes unless otherwise agreed between the parties take place at the B CONTACT CENTRE at D in satisfaction of the Orders made on 25 January 2007.”

2. That pursuant to s.65DA(2) and s.62B of the Family Law Act 1975, 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 CERTIFIED

1. That pursuant to rule 19.51 of the Family Law Rules 2004 this matter reasonably required the attendance of a solicitor acting as Counsel.

IT IS DIRECTED

1. That the ex tempore judgment delivered this day be transcribed, placed on the Court file and made available to the parties and their professional representatives.

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: DGF 766  of 2005

Ms Stewart

Applicant

And

Mr Bain

Respondent

REASONS FOR JUDGMENT

1. The matter of Stewart and Bain comes before me by way of mention.  Mr Halliday, Independent Children's Lawyer, appears and Mr Hyams also appears for the father.  There is no appearance by or on behalf of the mother.  However, Mr Halliday has provided to me copy correspondence between the mother and himself. 

2. On 8 February 2007, Mr Halliday emailed the mother about the application being heard this morning for mention only at 9.30 am.  I have read the contents of that letter.  The mother replied on 9 February 2007 advising that she would not be in attendance at court.  However, she did make other suggestions in the correspondence concerning the changeover for purposes of contact pursuant to the orders I made on 25 January 2007.  I have discussed that issue with Mr Halliday and Mr Hyams.  It appears convenient that following the contact period I ordered which was to commence on 16 February 2007, that the changeovers thereafter should take place at the B Contact Centre at D.  In the circumstances I will make that order. 

3. I also add that at the hearing I discussed with all counsel the issue of changeover.  It was the intention of the parties that there be an order to include a contact changeover at the G Contact Centre, which was then occurring at M.  That was, by mistake, omitted from the order.  It was late in the afternoon that the orders were made following a five-hour judgment delivered by me.  The intention of the parties was for contact changeover, following the change of residence, to take place at D.  That location was both convenient and appropriate and this order provides for that situation.

4. In my view, the orders that I now propose to make cover that situation.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Guest.

Associate: 

Date:  23 March 2007.

IT IS NOTED that this judgment for all publication and reporting purposes be referred to as STEWART & BAIN (NO. 2)