FEDERAL MAGISTRATES COURT OF AUSTRALIA
| STILES & BALE | [2008] FMCAfam 657 |
| FAMILY LAW – Parenting – re-visiting recovery order – duties of lawyers – misleading the court. |
| Family Law Act 1975, Part VII, ss. 60J, 60K (1)(d), 67Z Law Council of Australia: Model Rules of Professional Conduct and Practice, Rule 13, Part 14, Rules 14.1, 14.2, 14.4, 14.4.1, 14.4.2, 14.4.3 |
| Ashmore v Corporation of Lloyds [1992] 1 WLR 446 Sir Gerard Brennan, “Pillars of Professional Practice: Functions and Standards,” (1987) 61 ALJ 112 |
| Applicant (Respondent): | MS STILES |
| Respondent (Applicant) | MR BALE |
| File Number: | CAC 778 of 2008 |
| Judgment of: | Neville FM |
| Hearing date: | 17 June 2008 |
| Date of Last Submission: | 17 June 2008 |
| Delivered at: | Canberra |
| Delivered on: | 27 June 2008 |
REPRESENTATION
| Counsel for the Applicant: | Ms Tonkin |
| Solicitors for the Applicant: | Ken Cush & Associates |
| Counsel for the Respondent: | Mr Black |
| Solicitors for the Respondent: | Patrick Black & Associates |
ORDERS
Order 2 of 15th May 2008 is discharged.
Until further order, the children shall live with their Mother.
To avoid the need to issue a recovery order, the parties are to agree on an appropriate process of returning the children to the care of the Mother.
The parties are to agree on the time the children are to spend with their Father, Mr Bale.
Until further order, the parties, and their partners, are restrained from physically disciplining the children
The parties, and their partners, are not to denigrate the other parent (or their partner) in front of the children or otherwise, and are…
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- AGLC
- Stiles and Bale [2008] FMCAfam 657
- Case
- [2008] FMCAfam 657
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court addressed included determining the best living arrangements for the children, establishing a schedule for the children to spend time with their father, and setting guidelines to ensure the children's emotional well-being and safety. The court had to consider the impact of the parents' relationship on the children and the need to protect them from any potential harm or conflict.
The Family Court considered the welfare and best interests of the children as the paramount concern. The court determined that the children should live with their mother until further order, while the parents and their partners were to refrain from physical discipline, negative communication about each other, and discussing the proceedings in front of the children. The court also set guidelines for health care visits and counsellor appointments. The matter was adjourned to allow for further assessment of the children's needs and the parents' ability to cooperate.
The court issued several orders to ensure the children's safety and well-being, including the discharge of an earlier order, restrictions on physical discipline and negative communication, and guidelines for health care visits and counsellor appointments. The costs of the hearing were to be paid by Mr. Bale, and the matter was adjourned to allow for further assessment of the children's needs and the parents' ability to cooperate.
Orders
Orders of the court
1.
Order 2 of 15th May 2008 is discharged.
2.
Until further order, the children shall live with their Mother.
3.
To avoid the need to issue a recovery order, the parties are to agree on an appropriate process of returning the children to the care of the Mother.
4.
The parties are to agree on the time the children are to spend with their Father, Mr Bale.
5.
Until further order, the parties, and their partners, are restrained from physically disciplining the children
6.
The parties, and their partners, are not to denigrate the other parent (or their partner) in front of the children or otherwise, and are to use their best endeavours to ensure that no one else does so either.
7.
The parties, and their partners, are not to discuss these proceedings in front of the children or otherwise, and are to use their best endeavours to ensure that no one else does so either.
8.
Without the written consent of the other parent, or order of the Court, the parties, and/or their partners, are not to take the children to see any health care professional or counsellor.
9.
Mr Black is to pay the costs of Ms Stiles, as agreed or taxed, for the hearing on 17th June 2008.
10.
The matter be adjourned to 17 September 2008 at 11.30am.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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