FAMILY COURT OF AUSTRALIA
| TINDALL & SALDO | [2016] FamCA 134 |
| FAMILY LAW – STAY APPLICATION – Where the mother sought a stay of the orders – Where the father opposed a stay but submitted there could be a partial stay – Where it could not be said that amongst the 65 grounds of appeal that there were none that were arguable – Where a balance is captured by staying certain orders and varying others so that fortnightly time in the contact centre progresses either for the six months as ordered or for such period as is taken for the appeal to be heard and determined, whichever event occurs later |
| Marsden & Winch (2009) 42 Fam LR 1 Sheldon & Weir(Stay Application) [2011] FamCAFC 5 Saldo & Tindall [2016] FamCA 22 Saldo & Tindall(No. 1) [2014] FamCA 1061 Saldo & Tindall [2014] FamCA 1036 |
| APPLICANT: | Ms Tindall |
| RESPONDENT: | Mr Saldo |
| FILE NUMBER: | NCC | 3176 | of | 2008 |
| DATE DELIVERED: | 4 March 2016 |
| PLACE DELIVERED: | Newcastle |
| PLACE HEARD: | Newcastle |
| JUDGMENT OF: | Cleary J |
| HEARING DATE: | 1 March 2016 |
REPRESENTATION
| COUNSEL FOR THE RESPONDENT: | Mr Kelly |
| SOLICITOR FOR THE APPLICANT: | Derham Houston |
| SOLICITOR FOR THE RESPONDENT: | Fielden & Associates |
Orders
That the Orders of 27 January 2016 (“the January 2016 Orders”) are amended as follows:
1.1By the replacement of the words “G Children’s Contact Service” appearing in Order 1, with the words “Relationships Australia Central Coast Children’s Contact Service”, noting that amended Orders shall issue accordingly.
That Order 1(b) of the January 2016 Orders is varied to read as follows:
2.1Thereafter for a period of six months, or until the appeal of the mother filed 23 February 2016 has been heard and determined, whichever event occurs later in time, on one day of each alternate weekend for the maximum period available in the Contact Centre, and in any event for not less than two hours.
That the operation of Orders (1)(d) and (2) of the amended January 2016 Orders are stayed pending the hearing and determination of the appeal of the mother filed 23 February 2016.
Time for compliance by the mother with Order 6 of the amended January 2016 Orders is extended by a further period of 14 days from the date of these Orders.
That a copy of the amended January 2016 Orders and the Reasons for Judgment be provided to the Senior Family Consultant, Newcastle Registry.
That the Application in a Case of the mother filed 25 February 2016 is otherwise dismissed.
IT IS NOTED that publication of this judgment under the pseudonym Tindall & Saldo is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| FAMILY COURT OF AUSTRALIA AT NEWCASTLE |
FILE NUMBER: NCC 3176 of 2008
| Ms Tindall |
Applicant
And
| Mr Saldo |
Respondent
REASONS FOR JUDGMENT
Introduction
This is an application by the mother for a stay of the operation of Orders made by me on 27 January 2016.
There has been an appeal against those Orders, which was filed on 23 February 2016.
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- Tindall and Saldo [2016] FamCA 134
- Case
- [2016] FamCA 134
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether to amend the existing orders to reflect a change in the name of a children's contact service, to vary the frequency and duration of contact for a specified period, and to stay the operation of certain amended orders pending the determination of the mother's appeal. The court also considered an application by the mother for an extension of time for compliance with another order and a further application by the mother.
Cleary J ordered that the name of the children's contact service be amended. The court also varied the existing orders to provide for contact on one day of each alternate weekend for a period of six months or until the mother's appeal was heard and determined, whichever was later, with a minimum duration of two hours. Crucially, the operation of specific amended orders was stayed pending the appeal. Time for the mother's compliance with another order was extended by 14 days. The mother's further application was otherwise dismissed.
Orders
Orders of the court
1.
That the Orders of 27 January 2016 (“the January 2016 Orders”) are amended as follows:
1.1 By the replacement of the words “G Children’s Contact Service” appearing in Order 1, with the words “Relationships Australia Central Coast Children’s Contact Service”, noting that amended Orders shall issue accordingly.
2.
That Order 1(b) of the January 2016 Orders is varied to read as follows:
2.1 Thereafter for a period of six months, or until the appeal of the mother filed 23 February 2016 has been heard and determined, whichever event occurs later in time, on one day of each alternate weekend for the maximum period available in the Contact Centre, and in any event for not less than two hours.
3.
That the operation of Orders (1)(d) and (2) of the amended January 2016 Orders are stayed pending the hearing and determination of the appeal of the mother filed 23 February 2016.
4.
Time for compliance by the mother with Order 6 of the amended January 2016 Orders is extended by a further period of 14 days from the date of these Orders.
5.
That a copy of the amended January 2016 Orders and the Reasons for Judgment be provided to the Senior Family Consultant, Newcastle Registry.
6.
That the Application in a Case of the mother filed 25 February 2016 is otherwise dismissed.
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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