Interim Orders Sought by Father (WIP) PDF

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Summary

This is the draft interim orders proposed for the father in preparation for the moot court....

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Interim Orders Sought by Father 1.

That the Father shall have sole shared parental responsibility for the children: 1.1.1

Colin O’Halloran, born 10 March 2006.

1.1.2

Sophia O’Halloran, born 1 August 2008.

1.1.3

Harry O’Halloran, born 23 August 2012.

2.

That an independent Children’s Lawyer (“ICL”) be appointed for the children.

3.

That the parties are to provide all documents required by the ICL within 14 days of the request being made by the ICL.

4.

That the children live with the father.

5.

That Colin and Sophia spend time with the mother in accordance’s with their wishes and by way of mutual agreement between the parents.

6.

That the child, Harry, spend time with the Mother as follows:

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9. That the changeover shall occur at the children’s schools when appropriate and otherwise at the parent’s residence where the child is residing at the time of collection.

May it please the Court, Mr.Lau I appear for the Respondent father This is a parenting Application concerning the 3 children of the relationship and we will be pressing the Interim Orders sought in my client’s application today.

Note/acknowledgment  family violence in the form of exposing children to emotionally charged criticisms against mother (s 4AB(3)) and assault (s 4AB(4)(b)). o  Drink driving record o  Inconsistency in time and recollection of events o But examination of facts must be left to hearing for final order, interim order is focus on best interest of children until then o Goode & Goode and Marvel & Marvel

Main argument for your orders!  History of family violence means ESPR is inapplicable – s 61DA(2)(b)

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o Child’s best interest is paramount, including interim order Goode o Dunst & Dunst [2014] FamCA 964  Inability to communicate effectively as of now and potential into the future - ESPR has been rebutted pursuant to s 61DA(2) & (3) o Duncan & Dylan [2012] FamCA 430; o Parkin & Sykes [2013] FamCAFC 87 o Mellick & Mellick [2014] FamCAFC  Care arrangement since separation – children o Dicosta & Dicosta [2008] FamCAFC 161  ICL be appointed o Children’s wishes need to be given weight and consideration by court as guidance of what is in their best interest - s 60CC(3)(a)  Re K (1994) FLC ¶92-461  DS v DS (2003) 32 Fam LR 352 – important to give voice to children  Memorandum  Should not placed too much reliance on s 11F memorandum  Maldera & Orbel [2014] FamCA  parenting arrangement with Sophia o Should not force contact if child does not want it  Marriage of Mazur (1976) 2 Fam LR

Concessions:  Subject to ICL’s advice, Sophia can spend more time with mother if meaningful relationship can be developed in future  Willing to attend court ordered post-separation parenting program such as Parenting Order Program - S 65LA  Willing to install alcohol monitoring system at residence and provide report to the ICL until final hearing - Sebastian & Sebastian (No 3) [2012] FamCA  Agree to the rigid/detailed communication/consultation arrangement given by the mother o At least until parties have attended counselling and have better communication for co-parenting  Alternative orders:

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ESPR - If the court declines to let my client have sole parental responsibility, my client is willing to accept parental responsibility be allocated along the lines ordered in Pavli & Beffa. 1. Father to retain sole parental responsibility for the children except for any decision relating to education of the children due to her expertise a. Argue this is better as communication is still ineffective as of now 2. If parties cannot reach agreement, then mother can make final decision on children’s schooling, pre-school and attendance at day care 3. Subject to ICL’s report, parenting time with Sophia: a. If found to have positive benefit, then willing to compromise and allow Sophia to spend time with mother as per her order as and gradually increase as per Sophia’s wishes or as agreed.

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