Adelstein & Byron

[2022] FedCFamC1F 26

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Adelstein & Byron [2022] FedCFamC1F 26

File number(s):

SYC 1582 of 2018

Judgment of:

HENDERSON J

Date of judgment:

31 January 2022

Catchwords:

FAMILY LAW – PARENTING – Relocation – Mother seeks to relocate the child’s permanent residence to the B Region from Sydney – Where the relocation application was dismissed – Orders made for child to ultimately spend equal time with each parent in Sydney and for equal shared parental responsibility – In the event the mother chooses to live in the B Region the child is to live with her father in Sydney

Legislation:

Family Law Act 1975 (Cth) s60CC(2)-(3)

Cases cited:

Goode v Goode (2006) 206 FLR 212; [2006] FamCA 1346.

Morgan v Miles (2007) FLC 93-343; (2007) 38 Fam LR 275

Division:

Division 1 First Instance

Number of paragraphs:

239

Date of last submission/s:

12 November 2021

Date of hearing:

8 – 12 November 2021

Place:

Sydney

Counsel for the Applicant:

Ms Lawson

Solicitor for the Applicant:

Boyce Family Law

Counsel for the Respondent:

Mr McMahon

Solicitor for the Respondent:

Jack Rigg Solicitors

Counsel for the Intervener:

Ms Mahony

Solicitor for the Intervener:

Sydney West Family Lawyers

ORDERS

SYC 1582 of 2018

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MR ADELSTEIN

Applicant

AND:

MS BYRON

Respondent

INDEPENDENT CHILDREN'S LAWYER

Intervener

ORDER MADE BY:	HENDERSON J
DATE OF ORDER:	31 JANUARY 2022

THE COURT ORDERS THAT:

1.The mother’s application, seeking to relocate the permanent residence of the child, X born 2015 (“the child”), to Queensland is dismissed.

2.The parents have equal shared parental responsibility for making decisions about the long term care, welfare and development of the child.

3.In the event the mother relocates to Queensland, the child is to live with the father in Sydney, and is to spend time with the mother as follows:

(a)For 4 weeks in the Christmas school holidays each year as follows:

(i)the first 4 weeks of the Christmas holidays after the mother re-locates commencing 12 noon the Saturday after school finishes and ceasing 5pm on the Saturday of the fourth week of the mother’s time and each alternate year thereafter; and

(ii)the last 4 weeks in the following year and each alternate year thereafter commencing 12 noon the first Saturday in January and ceasing 5 pm on Saturday of the fourth week of the mother’s time.

(b)For half of the Easter and September/October school holidays commencing 12 noon the first Saturday of the school holidays and ceasing 5 pm on the second Sunday of the school holidays;

(c)For the whole of the June/July school holidays commencing 12 noon the Saturday after school finishes to 5 pm Saturday prior to school resuming;

(d)The parents to equally share the costs of the child spending time with the mother in Queensland;

(e)The child is to arrive in Queensland by 12 noon at the commencement of her time and in Sydney at 5 pm at the cessation of her time…