THOMPSON & BANE

[2018] FamCA 709

FAMILY COURT OF AUSTRALIA

THOMPSON & BANE [2018] FamCA 709

FAMILY LAW – ORDERS – Stay – Whether to stay final parenting orders pending appeal. 

Family Law Act 1975 (Cth) s 60CA

Aldridge & Keaton(Stay Appeal) [2009] FamCAFC 106
EJK & TSL (No. 2) [2006] FamCA 806
K & B (2006) FLC 93-288
Thornton & Thornton (No. 2) [2015] FamCA 301

APPLICANT: Ms Thompson

RESPONDENT: Mr Bane

INDEPENDENT CHILDREN’S LAWYER: Legal Services Commission of SA

FILE NUMBER: ADC 593 of 2010

DATE DELIVERED: 12 September 2018

PLACE DELIVERED: Adelaide

PLACE HEARD: Adelaide

JUDGMENT OF: Berman J

HEARING DATE: 3 September 2018

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Tredrea

SOLICITOR FOR THE APPLICANT: Jordan & Fowler Barristers & Solicitors

COUNSEL FOR THE RESPONDENT: Ms Ross

SOLICITOR FOR THE RESPONDENT: Adelaide Hills Legal

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Mr Roberts

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Legal Services Commission of SA

Orders

1. That the Application for Stay filed 13 August 2018 be 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 Thompson & Bane 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 ADELAIDE

FILE NUMBER: ADC 593 of 2010

Ms Thompson

Applicant

And

Mr Bane

Respondent

REASONS FOR JUDGMENT

INTRODUCTION 

1. Following protracted proceedings between Ms Thompson (“the mother”) and Mr Bane (“the father”) a final hearing was conducted in March 2018. Judgment was delivered on 27 April 2018 and orders made that finalised the parenting arrangements for B born in 2006, C and D both born in 2008 (collectively “the children”).

2. The orders were detailed but primarily provided for the mother to have sole parental responsibility for the children, that they live with her and spend time with the father as provided for in paragraphs 9 and 10 of the orders.

3. To better understand the issues to be considered, paragraphs 9(a) and 9(b) of the orders needs to be set out in their entirety:-

   9.        That the father spend time with the children as follows:-

   (a)As to the child B:-

   (i)At any time subject to B’s wishes including overnight time should the said child request same, with the mother to advise the father forthwith of any expressed wish and to facilitate such request as soon as is practicable;

   (ii)As and from 19 October 2018, each alternate weekend from the conclusion of school on Friday, or 3pm if a non-school day, until 6pm Saturday;

   (iii)That order 9(a)(ii) shall be suspended during school holidays;

   (b)As to the children C and D:-

   (i)As and from 6…