Stokerton & Stokerton

[2023] FedCFamC1F 607

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Stokerton & Stokerton [2023] FedCFamC1F 607  

File number(s):

MLC 1922 of 2020

Judgment of:

GILL J

Date of judgment:

26 July 2023

Catchwords:

 FAMILY LAW – PARENTING – Where there is alleged physical and emotional abuse by both parents – Where the mother failed to comply with directions to file trial material or appear at trial – Where the proceedings conducted on an undefended basis in respect of the mother – Where the children have been living in the care of an older sibling – Orders made with the consent of the father, the ICL and the older sibling – Orders made for children to live with older sibling – Orders made to give older sibling sole parental responsibility.

Legislation:

Family Law Act 1975 - ss 60B, 60CA, 60CC and 65DAA

Cases cited:

Jollie & Dysart [2014] FamCAFC 149 at [45].

Phillips & Hansford(No 2) (2019) 60 Fam LR 160 at [43].

Division:

Division 1 First Instance

Number of paragraphs:

73

Date of hearing:

17 July 2023

Place:

Melbourne

Counsel for the Applicant:

Mr Crofts

Solicitor for the Applicant:

Hope Earle Lawyers

Solicitor for the First Respondent:

Litigant in Person (did not participate)

Counsel for the Second Respondent:

Mr Dunlop

Solicitor for the Second Respondent:

AFL Kordos Lawyers

Counsel for the Independent Children's Lawyer:

Ms McCreedie

Solicitor for the Independent Children's Lawyer:

KS Family Lawyers

ORDERS

MLC 1922 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MR STOKERTON

Applicant

AND:

MS C STOKERTON

First Respondent

MS D STOKERTON

Second Respondent

INDEPENDENT CHILDREN'S LAWYER

order made by:	GILL J
DATE OF ORDER:	26 July 2023

THE COURT ORDERS THAT:

1.I direct that the parenting proceedings be conducted on an undefended basis in respect of the mother. 

2.I direct that the parenting proceedings be split and determined in advance of the property proceedings.

IT IS FURTHER ORDERED:

3.That all previous parenting Orders be discharged.

4.That the Second Respondent Ms D Stokerton have sole parental responsibility for  the children, namely:

(a)X, born 2008;

(b)Y, born 2011; and

(c)Z, born 2014.

(together “the children”).

5.That the children live with Ms D Stokerton.

6.That the children spend time with and communicate with the father as agreed between Ms D Stokerton and the father in writing having taken into account the views of each of the children.

7.That the father be at liberty to send one card to Z on the following occasions:

(a)Her birthday;

(b)Easter; and

(c)Christmas.

8.That the children spend no time with the mother.

9.That pursuant to s 68B of the Family LawAct 1975 (Cth) the mother be restrained by injunction from:

(a)Attending the children’s school and extra-curricular activities;

(b)Contacting the children’s school and any extra-curricular service provider;

(c)Attending any residence at which the children reside;

(d)Attending any workplace at which the children work;

(e)Attempting to follow, locate or communicate with the children via social media.

10.That EXCEPT in the circumstances if any child or children are spending…