Stokes and Stokes

[2009] FamCA 639

FAMILY COURT OF AUSTRALIA

STOKES & STOKES [2009] FamCA 639

FAMILY LAW – CONTRAVENTION – Dismissal – Flawed applications

APPLICANT: Ms Stokes

RESPONDENT: Mr Stokes

FILE NUMBER: BRC 9391 of 2007

DATE DELIVERED: 1 July 2009

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Jordan J

HEARING DATE: 1 July 2009

REPRESENTATION

THE APPLICANT: Applicant appears on her own behalf

THE RESPONDENT: No appearance by or on behalf of the Respondent

Orders

1. That the Contravention Application filed by the Mother on 3 March 2009 be dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Stokes & Stokes is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER:  BRC9391 of 2007

MS STOKES

Applicant

And

MR STOKES

Respondent

REASONS FOR JUDGMENT

ex tempore

1. For the reasons I have indicated, I regret to say that I am not satisfied that it is appropriate to make findings of contraventions on the applications as they are filed.  I regard the applications as flawed in the ways I have indicated in the course of hearing the mother's submissions and I note that the mother has, on the face of it, a number of legitimate grievances and note that, prior to this hearing, the mother filed an initiating application in the Federal Magistrates Court seeking orders designed to redress the current impasse that regrettably exists between the parents in relation to their parenting of their child.  I take the view that this is the more appropriate vehicle to try to provide a better outcome and a better future for the child and her mother.

2. In all the circumstances, I therefore dismiss the contravention application filed on 3 March 2009. 

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Jordan

Associate: 

Date: