FATHER SEEKS APPLICATION TO STAY THE ORDERS OF THE COURT
Beckford & Beckford (No.2) [2020] FCCA 2775 (8 October 2020)
This is a parenting case where the father seeks to stay the order of the court to return his children so that they could not spend time with their mother.
Facts:
The parties in this matter have three children, X, aged 14, Y, aged 10 and Z aged 6. Final orders were made in this matter regarding the care of the children on 12 August 2019, pursuant to which the children were to live with the Father. X’s time with the Mother was to be subject to her wishes, and Y and Z were to spend time with their Mother on alternate weekends, each alternate Wednesday overnight, for half of the school holidays and on various special occasions.
Immediately upon discovering that the children had been removed from Victoria, the Mother filed an Application. She sought orders, inter alia, that the children be returned to Victoria and that the Father and children reside in the Suburb E area. She also sought an injunction against the Father removing the children from Victoria. Orders were made which includes for the children to be returned to Victoria.
Father filed a Notice of Appeal seeking the stay of the order.
Issue: should the Notice of Appeal by the father be granted which will stay the orders of the court?
Law:
- S600CC (2)- The primary considerations on how a court determines what is in a child’s best interests.
- The benefit of the child having a meaningful relationship with both of the child’s parents.
Analysis:
If the children are not returned to Victoria forthwith, that permanent damage will be done to the Mother-child relationship. It is apparent from the Memorandum that the relationship between X and her Mother has broken down. It is also apparent that the relationship between the Mother and Y is under stress. Z misses her Mother and wants to see her.
The best interests of the children strongly mitigate against a stay being granted. The court set out in some detail matters relevant to the best interests of the children in its previous judgment in these proceedings. The present arrangements – whereby the children are not able to have any meaningful relationship with their Mother – are simply not satisfactory.
Conclusion: The Application in a Case filed by the Father on seeking a stay of order is hereby dismissed.
