Ziezer and Ziezer

[2009] FamCA 240

FAMILY COURT OF AUSTRALIA

ZIEZER & ZIEZER [2009] FamCA 240

FAMILY LAW – CHIDREN – Discharge of shared parenting orders on death of mother

APPLICANT: Mr Ziezer

RESPONDENT: Ms Ziezer (Deceased)

FILE NUMBER: MLC 12932 of 2007

DATE DELIVERED: 25 March 2009

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Dessau J

HEARING DATE: 25 March 2009

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms J. Homatopoulos

SOLICITOR FOR THE APPLICANT:

COUNSEL FOR THE RESPONDENT:

SOLICITOR FOR THE RESPONDENT:

Orders

1. That all previous parenting orders in relation to the child … born … April 1996 shall be and are hereby discharged.

2. That pursuant to s 65K of the Family Law Act, the child shall live with his father who shall have sole parental responsibility for him.

3. That the father’s solicitor shall forthwith notify the Australian Federal Police and the Marshal of the Family Court of Australia that the child’s name is to be removed from the Airport Watch List forthwith.

4. That otherwise the father’s application filed 13 February 2009 shall be and is hereby dismissed.

5. That my brief reasons for judgment given this day shall be transcribed and retained on the court file.

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

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 1293 of 2007

MR ZIEZER

Applicant

And

MS ZIEZER

Respondent

REASONS FOR JUDGMENT

1. The subject child is aged almost 13.  His parents separated in May 2005.  On 24 December 2007 there were orders made in this court for him to live with his mother but to spend time with his father, and for the parents to have joint parental responsibility. 

2. Sadly his mother died in January this year.  He has been living with his father since then.  Before then he was spending very substantial periods with his father who was taking him to school every day and spending every second weekend and periods of school holidays with him.

3. His father has now filed an application (on 13 February 2009) seeking that the previous parenting orders be discharged, that he have sole parental responsibility, and that the child live with him.

4. I am satisfied that in the circumstances the orders are appropriate.  I have read the father’s affidavit of 13 February 2009 and accept on that material that the child is as well settled as he can be at this difficult time and that, between his school and his father, he is being cared for and assisted through his grieving period and I propose making the orders as sought as being in his best interests.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Dessau

Associate: 

Date:  25 March 2009