FAMILY COURT OF AUSTRALIA
| STILES AND ANOR & SPENCE AND ANOR | [2014] FamCA 384 |
| FAMILY LAW – CHILDREN – Final Orders - undefended hearing – where neither the applicants nor the second respondent participated in final hearing – respondent mother sought orders for sole parental responsibility – hostile relationship between all parties – previous shared care arrangement had failed – best interests of the child – child to live with mother who shall have sole parental responsibility. |
| Family Law Act 1975 (Cth) ss 60CA, 60CC, 61DA, 65DA, 65DAA |
| Aldridge & Keaton (2009) 42 Fam LR 369 Allesch v Maunz (2000) 203 CLR 172 Haydon & Bennett and Anor [2012] FamCAFC 89 Sexton & Sexton [2012] FamCAFC 218 Sinnott & Firth (No. 2) [2013] FamCAFC 159 Valentine & Lacerra and Anor (2013) FLC 93-539; 49 Fam LR 255 |
| APPLICANTS: | Mr T Stiles and Ms J Stiles |
| 1st RESPONDENT: | Ms Spence |
| 2nd RESPONDENT: | Mr S Stiles |
| INDEPENDENT CHILDREN’S LAWYER: | Legal Services Commission of South Australia |
| FILE NUMBER: | ADC | 3822 | of | 2011 |
| DATE DELIVERED: | 11 June 2014 |
| PLACE DELIVERED: | Adelaide |
| PLACE HEARD: | Adelaide |
| JUDGMENT OF: | Berman J |
| HEARING DATE: | 19 May 2014 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Childs (leave granted to withdraw on 1st day of trial 19 May 2014) No appearance of Litigant |
| SOLICITOR FOR THE APPLICANT: | The Family Law Project (leave granted to withdraw on 1st day of trial 19 May 2014) |
| COUNSEL FOR THE 1ST RESPONDENT: | Ms Lee |
| SOLICITOR FOR THE 1ST RESPONDENT: | Denise M Rieniets & Associates |
| COUNSEL FOR THE 2ND RESPONDENT: | N/A |
| SOLICITOR FOR THE 2ND RESPONDENT: | No Appearance |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: | Ms Cocks |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Legal Services Commission of South Australia |
Orders
That all previous orders be discharged.
That the mother shall have sole parental responsibility in respect of decisions concerning the major long term care, welfare and development for the child B born … 2007.
That the said child live with the mother.
That the order for the appointment of the Independent Children’s Lawyer be discharged.
Pursuant to s 62B and s 65DA(2) of the Family Law Act 1975 (Cth), 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 to adjust to and comply with an order, are set out in the document entitled “Parenting orders – obligations, consequences and who can help”, a copy of which is annexed to these Orders.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Stiles and Anor & Spence and Anor 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 ADELAIDE |
FILE NUMBER: ADC 3822 of 2011
| Mr T Stiles and Ms J Stiles |
Applicant
And
| Ms Spence |
First Respondent
And
Ms S Stiles
Second Respondent
REASONS FOR JUDGMENT
Introduction
The proceedings relate to parenting issues in respect of…
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- Stiles & Anor and Spence & Anor [2014] FamCA 384
- Case
- [2014] FamCA 384
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were the determination of who should have sole parental responsibility for decisions concerning the child's major long-term care, welfare, and development, and with whom the child should live. The court was also required to consider the appointment of an Independent Children's Lawyer.
Berman J ordered that the mother have sole parental responsibility for decisions regarding the child's major long-term care, welfare, and development, and that the child live with the mother. Consequently, the order appointing an Independent Children's Lawyer was discharged. The court also directed that particulars of the obligations created by these orders, the consequences of contravention, and information on assistance for compliance be provided in an annexed document, pursuant to sections 62B and 65DA(2) of the *Family Law Act 1975* (Cth).
Orders
Orders of the court
1.
That all previous orders be discharged.
2.
That the mother shall have sole parental responsibility in respect of decisions concerning the major long term care, welfare and development for the child B born … 2007.
3.
That the said child live with the mother.
4.
That the order for the appointment of the Independent Children’s Lawyer be discharged.
5.
Pursuant to s 62B and s 65DA(2) of the Family Law Act 1975 (Cth), 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 to adjust to and comply with an order, are set out in the document entitled “Parenting orders – obligations, consequences and who can help”, a copy of which is annexed to these Orders.
Background
Background to the litigation
Full text does not contain this section.
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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