FAMILY COURT OF AUSTRALIA
| STONE & STONE AND ANOR | [2016] FamCAFC 141 |
| FAMILY LAW – APPEAL – CHILDREN – Where the trial judge made orders that the children neither see nor have direct communication with the maternal grandmother – Where the maternal grandmother asserted the orders made were not in the best interests of the children – Where the trial judge’s findings were open on the evidence – Appeal dismissed. FAMILY LAW – APPEAL – PROPERTY – Where the maternal grandmother appealed a property order as between the father and the mother – Where the maternal grandmother was not a party to the property proceedings and the order appealed does not bind her – Where the maternal grandmother lacks standing to appeal this order – Appeal dismissed. FAMILY LAW – CROSS APPEAL – CHILDREN – Where the trial judge made orders that the children neither see nor have direct communication with the mother – Where the experts’ recommendations that the children spend time with the mother must be viewed in the context of the totality of the evidence – Where the mother alleged the trial judge failed to consider allegations of family violence and abuse – Where the trial judge made adverse credit findings against the mother – Cross appeal dismissed. FAMILY LAW – CROSS APPEAL – PRACTICE AND PROCEDURE – Where the trial judge refused an adjournment of the trial based on the evidence before him – Cross appeal dismissed. |
| Family Law Act 1975 (Cth) |
| CDJ v VAJ (1998) 197 CLR 172 Gronow v Gronow (1979) 144 CLR 513 |
| APPELLANT: | Ms S Stone |
| RESPONDENT: | Mr Stone |
CROSS APPELLANT: | Ms Stone |
| INDEPENDENT CHILDREN’S LAWYER: | Ms Geysen |
| FILE NUMBER: | BRC | 1645 | of | 2011 |
| APPEAL NUMBER: | NA | 10 | of | 2015 |
| DATE DELIVERED: | 4 August 2016 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | May, Thackray & Ainslie Wallace JJ |
| HEARING DATE: | 8 June 2016 |
| LOWER COURT JURISDICTION: | Family Court of Australia |
| LOWER COURT JUDGMENT DATE: | 22 January 2015 |
| LOWER COURT MNC: | [2015] FamCA 14 |
REPRESENTATION
| APPELLANT: | In person | ||
| In person | ||
| COUNSEL FOR THE CROSS APPELLANT: | Mr Edwards (direct brief) | ||
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: | Ms Carmody | ||
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Couper Geysen Family Law |
Orders
The appeal against the orders of Forrest J made on 22 January 2015 is dismissed.
The cross appeal against the orders of Forrest J made on 22 January 2015 is dismissed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Stone & Stone and Anor has been approved by the Chief Justice pursuant to s 21(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)) or to record a variation to the order pursuant to r 17.02, Family Law Rules
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- Stone and Stone & Anor [2016] FamCAFC 141
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- [2016] FamCAFC 141
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CaseChat Overview and Summary
The legal issues included whether the trial judge's orders concerning the children's contact with their maternal grandmother were appropriate, given the grandmother's argument that they were not in the children's best interests. The Court of Appeal also had to determine if the grandmother had the standing to challenge the property order, as she was not a party to those proceedings. Furthermore, the mother's cross-appeal questioned whether the trial judge adequately considered allegations of family violence and whether he should have granted an adjournment.
The Court of Appeal found that the trial judge's findings regarding the children's contact with their maternal grandmother were supported by the evidence and thus upheld the orders. The Court also ruled that the grandmother lacked standing to appeal the property order, as she was not a party to the property proceedings. Regarding the cross-appeal, the Court found that the trial judge's findings on family violence were adequately supported by evidence and dismissed the mother's argument that an adjournment should have been granted. The cross-appeal was dismissed on all grounds.
The Court of Appeal dismissed both the appeal and the cross-appeal against the orders made by Forrest J on 22 January 2015, thereby affirming the original orders regarding contact with the maternal grandmother and the property distribution. The form of the order is subject to the entry of the order in the Court’s records.
Orders
Orders of the court
1.
The appeal against the orders of Forrest J made on 22 January 2015 is dismissed.
2.
The cross appeal against the orders of Forrest J made on 22 January 2015 is dismissed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
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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