Stacey & Woden [2015] FamCA 1107 (11 December 2015)



Stacey & Woden [2015] FamCA 1107 (11 December 2015)

 

FAMILY LAW – CHILDREN – Application by father to have all parenting orders discharged and proceedings dismissed – Application by Independent Children’s Lawyer for injunctive orders protecting the children – Allegations that children at risk in unsupervised care of father – Whether Court has jurisdiction to impose orders sought by neither party – Orders made dismissing all previous parenting orders – Injunctive orders – Order made for the appointment of the Independent Children’s Lawyer to continue until the children attain the age of 18.

 

ORDERS

    1. All previous parenting orders in relation to G born … 2006 and D born … 2008 are dismissed.
    2. Pursuant to s 68B of the Family Law Act 1975 (Cth) (‘the Act’):-
        <li “=””>(a) neither parent will abuse the children or place the children in a situation where they are at the risk of abuse; and

<li “=””>(b) neither parent will allow the children to see or be exposed to pornography whilst in such parent’s care.

    1. That pursuant to s 65DA(2) and s 62B, 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 adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these orders.
    2. The applications of the parents are otherwise dismissed.
    3. The order appointing the Independent Children’s Lawyer shall continue for each of the children until each respective child attains the age of eighteen (18) years or such earlier time as is agreed between the parties and the Independent Children’s Lawyer or by order of a court exercising jurisdiction under the Act.
    4. The continuing powers of the Independent Children’s Lawyer’s shall include:-
        <li “=””>(a) informing the children of this order within twenty one (21) days from the date of this order;

<li “=””>(b) liaising with the children’s schools and medical practitioners, including providing them with a copy of this order and the reasons upon which it was based; <li “=””>(c) forwarding a copy of this order and the reasons upon which it was made to State Welfare authorities and liaising with and if necessary further reporting to State Welfare authorities; and <li “=””>(d) requiring (if necessary) the children to be interviewed by the Independent Children’s Lawyer or such other person deemed appropriate to the Independent Children’s Lawyer.

  1. All subpoenaed documents be returned to the persons or institutions from which they emanated and all exhibits are returned to the person or persons who tendered the same.

IT IS CERTIFIED

  1. Pursuant to Rule 19.50 of the Family Law Rules 2004 (Cth) it was reasonable to engage counsel to attend.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Stacey & Woden has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT HOBART

 



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