VALDEZ & FRAZIER

[2018] FamCA 873

FAMILY COURT OF AUSTRALIA

VALDEZ & FRAZIER [2018] FamCA 873

FAMILY LAW – PRACTICE AND PROCEDURE – VEXATIOUS PROCEDINGS - Application by father seeking leave to institute proceedings under s 102QE and 102QF of the Family Law Act 1975 (Cth).

FAMILY LAW – PRACTICE AND PROCEDURE – STAY APPLICATION – Application by father pending appeal – Father’s stay application dismissed.

Family Law Act 1975 (Cth) 102QE, 102QF

Family Law Rules 2004 (Cth) r 22.11

Aldridge & Keaton (Stay Appeal) [2009] FamCAFC 106

APPLICANT: Mr Valdez

RESPONDENT: Ms Frazier

FILE NUMBER: SYC 2226 of 2013

DATE DELIVERED: 21 June 2018

PLACE DELIVERED: Hobart

PLACE HEARD: Hobart (Chambers)

JUDGMENT OF: Benjamin J

HEARING DATE: In Chambers 19 June 2018

REPRESENTATION

COUNSEL FOR THE APPLICANT:

SOLICITOR FOR THE APPLICANT: In person

COUNSEL FOR THE RESPONDENT:

SOLICITOR FOR THE RESPONDENT: Swaab Attorneys

Orders

1. The application in a case filed by Mr Valdez on 24 April 2018 is dismissed (this includes the application for leave pursuant to s 102QE to institute proceedings and the application for stay of appeal EAA 23/2018.

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 Valdez & Frazier 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 HOBART

FILE NUMBER: SYC 2226 of 2013

Mr Valdez

Applicant

And

Ms Frazier

Respondent

REASONS FOR JUDGMENT

INTRODUCTION

1. Mr Valdez (‘the father’) and Ms Frazier (‘the mother’) are involved in proceedings in relation to parenting arrangements with regard to a child of their relationship, presently aged 6.

2. On 10 January 2018 I made orders (‘the Orders’) dismissing the father’s application for an adjournment, appointing a single expert, listing these proceedings for hearing before me in September 2018 and other trial directions.

3. In addition, the Orders provided for dismissal of an application in a case by the father filed 13 November 2017 and various other orders.

4. On 5 February 2018 the father lodged an appeal in relation to Orders 3, 6(c) and 17.  In particular they provide:-

   Order 3  

   [Ms C] (‘single expert’) be appointed single expert pursuant to the Family Law Rules to prepare a report as soon as is practicable in relation to[B] born … 2011 (‘the child’) in particular dealing with:-

   (a)    the capacity of the parties to communicate and co-parent;

   (b)    the relationship of the child with each parent;

   (c)    the views of the child having regard to the age and maturity of the child;

   (d)    the mental state of each party in so far as they are relevant to issues relating to the child;