Amiti & Vata - [2025] FedCFamC2F 476

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Amiti & Vata [2025] FedCFamC2F 476

File number(s): SYC 9093 of 2024

Judgment of: JUDGE TAGLIERI

Date of judgment: 11 April 2025

Catchwords: FAMILY LAW – Application for review – interim parenting orders – time the children spend with the father – where the father seeks that he children spend seven nights a fortnight with him – where the mother seeks that the children spend two nights a fortnight with the father - where the parties reside an hour apart – interim order made that the children spend four nights a fortnight with the father

Legislation:
Family Law Act 1975 (Cth) pt VII, ss 60CA, 60CC

Federal Circuit and Family Court (Family Law) Rules 2021 (Cth) pt 14.3, r 14.07

Cases cited:
Beaton & Beaton [2020] FamCAFC 297

Deiter & Deiter [2011] FamCAFC 82

Denton & Denton (No 3) [2024] FedCFamC1F 476

Goode & Goode [2006] FamCA 1346

Hansen v Kane [2022] FedCFamC2F 949

Marvel & Marvel [2010] FamCAFC 101

MRR & GR [2010] HCA 4

Munroe & Purdue [2018] FamCA 25

Division: Division 2 Family Law

Number of paragraphs: 61

Date of hearing: 3 April 2025

Place: Hobart

Counsel for the Applicant: Ms Reid

Solicitor for the Applicant: Lander & Rogers

Solicitor for the Respondent: Ms Younes, Lewarne & Goldsmith
ORDERS

SYC 9093 of 2024

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:
MR AMITI

Applicant

AND:
MS VATA

Respondent

ORDER MADE BY:

JUDGE TAGLIERI

DATE OF ORDER:

11 APRIL 2025

THE COURT ORDERS THAT:
1.Order 4 of the Orders made on 6 March 2025 by Senior Judicial Registrar Osmand is discharged.
2.Until further order, the children X born in 2015 and Y born in 2019 live with the Respondent Mother MS VATA and spend time with the Applicant Father MR AMITI in a fortnightly rotation as follows:
(a)In week 1 from the conclusion of school on Wednesday (or 3:00pm if Wednesday is not a school day), until the commencement of school Thursday (or 9:00 am if Thursday is not a school day); and
(b)In week 2:
(i)From the conclusion of school on Wednesday (or 3:00pm if Wednesday is not a school day), until the commencement of school Thursday (or 9:00am if Thursday is not a school day); and
(ii)From the conclusion of school on Friday (or 3:00pm if ~~Wednesday~~ Friday is not a school day), until 12:00pm on Sunday.

3.Until further order, changeovers occur at school, or at McDonald’s in Suburb C if a non-school day.
4.The question of costs on the Application for Review filed 27 March 2025 is reserved.

THE COURT NOTES THAT:
A.Pursuant to ss 65DA(2) and 62B of the Family Law Act 1975 (Cth), the particulars of the obligations these Orders create and the particulars of the consequences that may follow if a person contravenes these Orders are set out in Attachment A and these particulars are included in these Orders.
B.Order 2(b)(ii) has been amended pursuant to rule 10.1.3 of the

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Amiti & Vata

Details

AGLC: Amiti & Vata [2025] FedCFamC2F 476
Case: [2025] FedCFamC2F 476
Decision Date: 11 April 2025

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, Mr Amiti, the father, made an application for review of interim parenting orders, seeking that his children spend seven nights a fortnight with him. Ms Vata, the mother, opposed this application and instead sought that the children spend two nights a fortnight with the father. The case involved determining the appropriate interim parenting arrangement for the children, given that the parents reside approximately an hour apart. The court was required to consider the best interests of the children and the practicalities of the proposed arrangements.

The court considered the evidence presented by both parties, the welfare of the children, and the practicality of the proposed arrangements. The court found that the father's proposed arrangement of seven nights a fortnight was not suitable due to the significant distance between the parents' residences, which would result in the children spending long periods of time travelling. The mother's proposal of two nights a fortnight was also deemed insufficient, as it did not adequately address the father's need for substantial time with his children. The court determined that a balanced arrangement of four nights a fortnight would best serve the children's interests while accommodating the practical constraints.

The court issued an order that the children spend four nights a fortnight with the father, with specific details regarding the times and locations of handovers. The order also noted that the question of costs related to the application for review was reserved. The court emphasised the importance of the children's welfare and the need for a stable and practical parenting arrangement. This decision reflects a careful consideration of the evidence and the needs of the children, aiming to provide a balanced and practical solution to the parenting dispute.

Orders

Orders of the court

SYC 9093 of 2024

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR AMITI

Applicant

AND:

MS VATA

Respondent

ORDER MADE BY:

JUDGE TAGLIERI

DATE OF ORDER:

11 APRIL 2025

THE COURT ORDERS THAT:

1. Order 4 of the Orders made on 6 March 2025 by Senior Judicial Registrar Osmand is discharged.

2. Until further order, the children X born in 2015 and Y born in 2019 live with the Respondent Mother MS VATA and spend time with the Applicant Father MR AMITI in a fortnightly rotation as follows:

(a) In week 1 from the conclusion of school on Wednesday (or 3:00pm if Wednesday is not a school day), until the commencement of school Thursday (or 9:00 am if Thursday is not a school day); and

(b) In week 2:

(i) From the conclusion of school on Wednesday (or 3:00pm if Wednesday is not a school day), until the commencement of school Thursday (or 9:00am if Thursday is not a school day); and

(ii) From the conclusion of school on Friday (or 3:00pm if Wednesday Friday is not a school day), until 12:00pm on Sunday.

3. Until further order, changeovers occur at school, or at McDonald’s in Suburb C if a non-school day.

4. The question of costs on the Application for Review filed 27 March 2025 is reserved.

THE COURT NOTES THAT:

A. Pursuant to ss 65DA(2) and 62B of the Family Law Act 1975 (Cth), the particulars of the obligations these Orders create and the particulars of the consequences that may follow if a person contravenes these Orders are set out in Attachment A and these particulars are included in these Orders.

B. Order 2(b)(ii) has been amended pursuant to rule 10.1.3 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) on 11 April 2025.

Note: The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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File number(s):	SYC 9093 of 2024
Judgment of:	JUDGE TAGLIERI
Date of judgment:	11 April 2025
Catchwords:	FAMILY LAW – Application for review – interim parenting orders – time the children spend with the father – where the father seeks that he children spend seven nights a fortnight with him – where the mother seeks that the children spend two nights a fortnight with the father - where the parties reside an hour apart – interim order made that the children spend four nights a fortnight with the father
Legislation:	Family Law Act 1975 (Cth) pt VII, ss 60CA, 60CC Federal Circuit and Family Court (Family Law) Rules 2021 (Cth) pt 14.3, r 14.07
Cases cited:	Beaton & Beaton [2020] FamCAFC 297 Deiter & Deiter [2011] FamCAFC 82 Denton & Denton (No 3) [2024] FedCFamC1F 476 Goode & Goode [2006] FamCA 1346 Hansen v Kane [2022] FedCFamC2F 949 Marvel & Marvel [2010] FamCAFC 101 MRR & GR [2010] HCA 4 Munroe & Purdue [2018] FamCA 25
Division:	Division 2 Family Law
Number of paragraphs:	61
Date of hearing:	3 April 2025
Place:	Hobart
Counsel for the Applicant:	Ms Reid
Solicitor for the Applicant:	Lander & Rogers
Solicitor for the Respondent:	Ms Younes, Lewarne & Goldsmith

SYC 9093 of 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:	MR AMITI Applicant
AND:	MS VATA Respondent

ORDER MADE BY:	JUDGE TAGLIERI
DATE OF ORDER:	11 APRIL 2025