PHU & CHAN

[2015] FCCA 1208

FEDERAL CIRCUIT COURT OF AUSTRALIA

PHU & CHAN [2015] FCCA 1208

Catchwords:
FAMILY LAW – Children – parenting orders – interim orders – Mother’s Day – contravention of parenting orders.

PRACTICE AND PROCEDURE – Adjournment – disruptive comments in court – proposed transfer of substantive proceeding to Family Court.

Legislation:

Family Law Act 1975 (Cth), s.60CA

Applicant: MS PHU

Respondent: MR CHAN

File Number: SYC 1714 of 2010

Judgment of: Judge Scarlett

Hearing date: 5 May 2015

Date of Last Submission: 5 May 2015

Delivered at: Sydney

Delivered on: 5 May 2015

REPRESENTATION

Applicant: In Person

Respondent: In Person

Solicitor for the Independent Children’s Lawyer: Mr Christakis

Solicitors for the Independent Children’s Lawyer: Legal Aid NSW

ORDERS

UNTIL FURTHER ORDER:

1. The child X born (omitted) 2001 is to spend time with the mother for the weekend of Mothers' Day commencing at 4:00 pm on Saturday 9 May 2015 being the Saturday immediately prior to Mothers' Day and concluding at the commencement of school on Monday 11 May 2015.

2. For the purpose of putting the above Order into effect the father is to arrange for the child X to be delivered to the mother's residence or such other place as the mother may direct at the commencement of the time and the mother is to arrange for the child to be delivered to school at the commencement of school on Monday 11 May 2015.

3. The Contravention Application brought by the mother is adjourned to Thursday 14 May 2015 for mention at 10:00 am.

4. The Application for Interim Parenting Orders is adjourned to Thursday 14 May 2015 for hearing at 10:00 am or so soon thereafter as the business of the Court may permit.    

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA

AT SYDNEY

SYC 1714 of 2010

MS PHU

Applicant

And

MR CHAN

Respondent

REASONS FOR JUDGMENT

1. My efforts to obtain submissions from the parties about the child X spending time with her mother, the Applicant, on Mother’s Day have been met with disruptive and abusive comments, comments, as I said, directed at other parties, including the Independent Children’s Lawyer, and I will not put up with it.  I do propose to make some orders, which will entail this child spending time with her mother on Mother’s Day. 

2. I will be giving priority to the hearing of interim parenting proceedings and I will be setting a date, namely 14 May, for the matters to continue part-heard.  The mother would be well advised to obtain legal representation if, as is the case today and on the previous occasion, she is unable to control her behaviour and her disruptive outbursts. I am not prepared to put up with it.  The contravention proceedings will be adjourned for mention.  I will be hearing an application for interim parenting orders, and that will be given priority in respect of these proceedings. 

3. It would still be my view that the final hearing will be transferred for hearing by a judge of the Family Court.  I think it would be appropriate for a judge of that Court, who has not had direct experience with these parties over a period of time, to hear the Application for final orders.

ORDERS

1. I will, however, be making interim parenting orders to cover the situation until that matter can be heard.  I propose to make the following orders until further order, and I might say that I have considered submissions about Mother’s Day, and I have attempted to arrive at a situation which will involve something resembling a reinstatement of the earlier orders, but will provide the mother with slightly more time than previously.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Judge Scarlett

Associate:

Date:  11 May 2015