Vallans and Vallans

[2018] FCCA 3841

FEDERAL CIRCUIT COURT OF AUSTRALIA

VALLANS & VALLANS [2018] FCCA 3841

Catchwords:
FAMILY LAW – Parenting – where a contravention application was filed – where there is an oral application for sole parental responsibility – where there are communication issues – where an order for sole parental responsibility is made.

Legislation:

Family Law Act 1975 (Cth), ss.60B, 60B(1)(d), 60B(2)(d), 60CA, 61DA, 61DA(1),

Applicant: MR VALLANS

Respondent: MS VALLANS

File Number: BRC 7407 of 2013

Judgment of: Judge Middleton

Hearing date: 22 November 2018

Date of Last Submission: 22 November 2018

Delivered at: Brisbane

Delivered on: 22 November 2018

REPRESENTATION

Counsel for the Applicant: Mr Ehlers

Solicitors for the Applicant: Steindl Bradley & Associates

The Respondent in person

ORDERS

1. That order 1 of the Orders issued 27 January 2015 be discharged.

2. That the mother have sole parental responsibility for the children [B] born … 2010 and [C] born … 2012 but when making any decisions about long term issues the mother must;

   (a)Inform the father in writing of the decision to be made;

   (b)Invite written comment from the father;

   (c)Take such comments into account when making the decision;

   (d)Inform the father in writing of the decision.

3. That the mother in exercising her sole parental responsibility the mother is restrained by injunction from changing the children’s names and from relocating their residence such that it interferes with the children’s time with their father pursuant to the orders made 27 January 2015.

4. That the father is to ensure that the children attend any Grand Final, grading examinations, recitals or presentations relating to the children’s extracurricular activity that occurs on a weekend.

5. All outstanding applications are dismissed and the proceedings are removed from the active pending cases list.

IT IS NOTED:

(A)That pursuant to s.65DA(2) of the Family Law Act 1975 the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders are set out in the document attached to these orders titled “Parenting orders – obligations, consequences and who can help”.

IT IS NOTED that publication of this judgment under the pseudonym Vallans & Vallans is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT BRISBANE

No. BRC 7407 of 2013

MR VALLANS

Applicant

And

MS VALLANS

Respondent

REASONS FOR JUDGMENT

Ex Tempore:

1. These reasons for judgment were delivered orally.  They have been corrected from the transcript.  Grammatical errors have been corrected and an attempt has been made to render the orally delivered reasons amenable to being read.

2. This is a parenting application involving two children, [B] aged eight, and [C] aged five, soon to be six.  Their parents were in a relationship, cohabitating in 2008, marrying in 2010, and separating in May of 2013. 

3. Final orders were entered into by consent on 27 January 2015.  On 21 December 2015, the father filed a contravention application.  That application was ultimately dismissed.  On 13 May 2016, the father filed a second contravention application,…