ALBISTON & PEDANO

[2020] FCCA 3628

FEDERAL CIRCUIT COURT OF AUSTRALIA

ALBISTON & PEDANO [2020] FCCA 3628

Catchwords:
FAMILY LAW – Parenting – short form reasons – care arrangements for one child – listed on short notice in circumstances related to COVID-19 pandemic – where mother seeks child’s time with father be suspended in circumstances where child would have to isolate for 14 days upon return to Queensland – considerations of court when dealing with matter on an urgent and predominantly ex parte basis pursuant to rule 5.03 – effect on child of travelling during COVID-19.

Legislation:

Family Law Act 1975 (Cth), ss.60B; 60CA; 60CC; 61DA; 69ZL;

Federal Circuit Court Rules 2001 (Cth), r.5.03

Cases cited:

Gordon & Gordon [2015] FamCA 616

Banham & Banham [2020] FCCA 1201
Collingwood & Collingwood [2020] FamCA 390

Cheadle & Pointer [2020] FamCAFC 277

Applicant: MR ALBISTON

Respondent: MS PEDANO

File Number: BRC 11763 of 2014

Judgment of: Judge Harman

Hearing date: 31 July 2020

Delivered at: Parramatta

Delivered on: 31 July 2020

REPRESENTATION

Solicitors for the Applicant: Mr C. Lee of Lexington Law Group

Solicitors for the Respondent: Ms K. Saunders of Taussig Cherrie Fildes

ORDERS

1. Leave is granted to the Mother to make an oral Application for suspension of the existing Parenting Orders with respect to the child, X, born in 2006, insofar as compliance with those Orders and X’s practise of time with his Father is scheduled to occur this weekend, 31 July - 2 August 2020.

2. Until 5pm on 6 August 2020, Order 5(a) of the Orders made 21 May 2015 is suspended.

3. Note: The matter is next listed before me on 6 August 2020 at 10am.

4. The costs of both parties with respect to today’s listing and determination are reserved.

5. The Mother shall ensure that X is able to receive any telephone or video communication from his Father over the weekend, 31 July - 2 August 2020, irrespective of whether provision is made for that communication in the Orders of 21 May 2015, and shall allow X to speak with his father by those means upon the Father calling with privacy and without interruption or distraction.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

BRC 11763 of 2014

MR ALBISTON

Applicant

And

MS PEDANO

Respondent

EX-TEMPORE REASONS FOR JUDGMENT

1. These proceedings relate to care arrangements for a young child, X, born in 2006.

2. The parties to the proceedings are X’s parents.  X’s Mother is, for today’s purposes, the Applicant (although she is the Respondent in the substantive proceedings which next come before the Court in three working days).  The Respondent to this Application is X’s father.  He is the Applicant in the substantive proceedings.

3. The matter is called at 3pm on one hour’s notice to the parties.  It is dealt with by telephone, with my staff and I in different locations.

4. These reasons are given in short form pursuant to…