Waterford and Waterford

[2008] FamCA 678

FAMILY COURT OF AUSTRALIA

WATERFORD & WATERFORD [2008] FamCA 678

FAMILY LAW – CHILDREN – with whom a child spends time – Orders – earlier consent orders provided for unsupervised time, with changeover to occur at Contact Centre – Contact Centre relocating – mother to spend supervised time with the children – Orders made to that effect.

APPLICANT: Ms Waterford

RESPONDENT: Mr Waterford

FILE NUMBER: BRF 3643 of 2005

DATE DELIVERED: 16 June 2008

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Barry J

HEARING DATE: 16 June 2008

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Mr Johnstone of Themis Lawyers

SOLICITOR FOR THE RESPONDENT: Ms Awyzio of DA Family Lawyers

INDEPENDENT CHILDREN'S LAWYER: Ms Chan of Legal Aid

Orders

IT IS ORDERED UNTIL FURTHER ORDER THAT:

1. The Mother to spend supervised time with the children, O born … January 2004 and L born … February 2005, at all such times as the parties may mutually agree and failing agreement at such times as detailed in the consent orders of 10 December 2007.

2. Such time is to be supervised by a person approved by the Independent Children’s Lawyer after an assessment has been carried out of any potential supervisor by Mr M, Mr P or such other person who may be delegated so to do by the Independent Children’s Lawyer.

IT IS ORDERED THAT:

1. The Father’s Application in Form 1 filed 13 December 2005 and the Mother’s Application for Contravention filed by leave on today’s date be set down for trial for two days commencing 10.00 am on 1 October 2008 at the Brisbane Registry of the Family Court of Australia.

2. All parties to file and serve affidavits to be relied on at trial by 4.00 pm on

   
   29 August 2008

   .

3. All parties to file and serve by 4.00 pm on 29 August 2008 details of the orders they are seeking at trial including any orders sought in the alternative.

4. All parties to file and serve list of documents upon which they intend to rely at trial including any subpoenaed material.

5. Leave is given to the Independent Children’s Lawyer to issue subpoenas as deemed appropriate.

6. Leave is given to the Independent Children’s Lawyer to publish a copy of the psychological report of Mr P to the Department of Child Safety and/or to any other person asked to do an assessment for the purpose of selecting an appropriate supervisor.

7. Pursuant to s 62B and s 65DA(2), the particulars of the obligations these Orders create and the particulars of the consequences that may follow if a person contravenes these Orders, and details of who can assist parties to adjust to and comply with an order, are set out in the document entitled “Parenting orders – obligations, consequences and who can help”, a copy of which is annexed to these Orders.

NOTATION:

The Father has said that he will continue to attend with the children for visits as arranged and supervised by the Department of Child Safety.

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

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRF3643 of 2005

MS WATERFORD

Applicant

And

MR WATERFORD

Respondent

REASONS FOR JUDGMENT

1. On today's date there is a dispute between the parties in relation to what should be the arrangements for the mother to see the two children for the interim period between now and when this matter can be set down for trial.

2. The children are quite young and it is a situation that has been recently complicated by the fact that in April the mother gave birth to a third child and the third child is currently placed in kin foster care with the maternal grandmother.  I understand the mother is seeing the child virtually every day of the week.

3. The present position was governed by orders made by consent on 10 December last year and they provided for unsupervised time, but the changeover for that unsupervised time was to be at the Logan West Contact Centre.  A number of complications has arisen since then.  One is because the maternal grandmother is now the carer for this three month old baby and/or because she has had a falling out with her daughter she is unavailable to transport the mother for the purpose of collection and return of the children from the Logan West Contact Centre.  It is made more difficult by the fact that the Logan West Contact Centre is relocating to be even further distant from where the mother currently resides at H.

4. The mother is presently seeing the three children for one and a half hours a week.  That time is supervised by the Department of Child Safety.  I have indicated for reasons given that I will not make any order about that, it is not appropriate in relation to a State Government department, but I will place a notation on the order that the father indicates he will at all times make the children available for time with the mother supervised by the Department of Child Safety.

5. Because of the complications which have arisen as detailed in Mr P’s report it is appropriate that there be supervision, but I am in agreeance with the mother's position that it should not be at the Logan West Contact Centre.  The Eight Mile Plains Centre has been raised, but somewhat belatedly.  I don't know the hours, the cost and the waiting time, how many hours they allow, what is the maximum number of hours for different time and things of that nature and I would want details of that to be adequately presented before making an order otherwise the order becomes quite futile.

6. What I propose to do is:

   ORDERS DELIVERED

7. There is a notation that I have previously dictated.

8. The matter is set down for trial for two days commencing 1 October.

9. The parties are to file affidavits from all witnesses they intend to rely on at the hearing no later than 4 pm on 29 August 2008.

   RECORDED  :  NOT TRANSCRIBED

10. Leave given to the Independent Children's Lawyer to issue such subpoenas as deemed appropriate.

    RECORDED  :  NOT TRANSCRIBED

    ORDER DELIVERED

    RECORDED  :  NOT TRANSCRIBED

11. Parties also file a list of documents upon which they intend to rely, including any subpoenaed material.

    RECORDED  :  NOT TRANSCRIBED

12. The application for contravention will be adjourned to 1 October.

    RECORDED  :  NOT TRANSCRIBED

13. Leave given to publish a copy of Mr P’s report to the Department of Child Safety and/or to any other person asked to do an assessment for the purposes of an appropriate supervisor.

I certify that the preceding thirteen (13) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Barry

Associate: 

Date:  16 June 2008