THEODORE & THEODORE

[2018] FamCA 188

FAMILY COURT OF AUSTRALIA

THEODORE & THEODORE [2018] FamCA 188

FAMILY LAW – CHILDREN – Where further application for more expansive interim parenting orders by father as to his time with the children – Where previous judgment only some months before – Where no change of circumstances – Where objective evidence now available as to children’s views – Where father remains on regime of mental health and pain relieving medication – Where final trial expected within a short period of time – Where father’s further application dismissed.

Family Law Act 1975 (Cth)

Marsden v Winch (2009) 42 Fam LR 1
SPS and PLS (2008) FLC 93-363
Theodore & Theodore [2017] FamCA 588

APPLICANT: Mr Theodore

RESPONDENT: Ms Theodore

INDEPENDENT CHILDREN’S LAWYER: Ms Rutkowska

FILE NUMBER: PAC 5789 of 2014

DATE DELIVERED: 26 March 2018

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Foster J

HEARING DATE: 19 February 2018

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Batey

SOLICITOR FOR THE APPLICANT: Rowlandson & Co Solicitors

COUNSEL FOR THE RESPONDENT: Ms De Vere

SOLICITOR FOR THE RESPONDENT: Withstand Lawyers

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Ms Rutkowska of Ark Law Lawyers

Orders

1. That the father’s Application in a Case filed 23 November 2017 as amended 16 February 2018 be dismissed.

2. That any application for costs be made by written submissions filed and served within 14 days from this date with any submissions in response to be filed and served within a further 14 days and that thereafter judgment as to costs be reserved to chambers.

By Consent And Pending Further Order, It Is Ordered That

1. The mother be and is hereby restrained from bringing the children or either of them into the presence of or leaving the children or either of them in the care of Mr O.

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 Theodore & Theodore has been approved by the Chief Justice pursuant to s 121(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 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT PARRAMATTA

FILE NUMBER: PAC 5789  of 2014

Mr Theodore

Applicant

And

Ms Theodore

Respondent

REASONS FOR JUDGMENT

1. On 11 August 2017 reasons for judgement were delivered and orders made in respect to interim parenting proceedings as between the applicant father and respondent mother: Theodore & Theodore [2017] FamCA 588.

2. These Reasons assume familiarity with those Reasons for judgement.

3. Orders were made on 11 August 2017 as follows:

   (1)That all previous parenting orders are suspended.

   (2)That the mother have sole parental responsibility for the children B born … 2009 and D born … 2010.

   (3)That the children live with…