FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Ancel & Horsley [2025] FedCFamC2F 730
File number(s): PAC 4515 of 2023 Judgment of: JUDGE NEWBRUN Date of judgment: 2 June 2025 Catchwords: FAMILY LAW – CHILDREN – Best interests of child. Legislation: Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 60CD, 60CE, 61D Cases cited: Banks & Banks (2015) FLC 93-637
Jollie & Dysart [2014] FamCAFC 149
Tibb v Sheean (2018) 58 Fam LR 351
Division: Division 2 Family Law Number of paragraphs: 92 Date of hearing: 6-7 April 2025 Place: Parramatta Counsel for the Applicant: Ms Adams-Nash Solicitor for the Applicant: Mannion Lawyers Counsel for the Respondent: Mr Macpherson Solicitor for the Respondent: WM Lloyd & Associates ORDERS
PAC 4515 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR ANCEL
Applicant
AND: MS HORSLEY
Respondent
ORDER MADE BY:
JUDGE NEWBRUN
DATE OF ORDER:
2 JUNE 2025
ON A FINAL BASIS THE COURT ORDERS THAT:
1.All previous orders are discharged.
2.The child X born in 2021 (hereinafter referred to as “the child”) shall forthwith live with the mother.
3.The mother and father shall have equal shared responsibility for long term decision making, with respect to the child.
4.From the date of these Orders, until the child commences primary school, the child shall spend time with the father at all times as agreed to by the parents, in writing, but failing agreement the father shall spend time with the child as follows:
(a)Each alternate weekend from Friday 3:30pm to Sunday 3:00pm;
(b)Commencing 11 June 2025:
(i)Each alternate weekend from Friday 3:30pm to Sunday 3:00pm, with the father to collect the child from daycare at the start of time and the parties to meet at B Venue at the conclusion of time.
(ii)Each alternate Wednesday in City C from 8:30am to 12:30pm, with the father to collect and return the child from the mother’s residence.
5.Notwithstanding any other order herein, from 1 February 2026 until the child commences primary school in accordance with the father’s weekends with the child that fall within the NSW School Holidays in Terms 1, 2 and 3, the father’s periods are to be extended for an additional 1 night being Saturday 10:30am to Tuesday 4:00 pm and in order to facilitate this order, the father shall collect the child from the mother at a place agreed to in writing by the parties, and failing agreement the father shall collect the child from the mother at D Venue, City E and the mother shall collect the child from the father at the conclusion of his time with the child at a place agreed to in writing by the parties, and failing agreement, the mother shall collect the child from the father at D Venue, City E, at the conclusion of the father’s time with the child.
6.From 1 February 2026 until the child commences primary school, in accordance with the father’s weekends with the child that fall within the NSW School Holidays in…
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CaseChat Overview and Summary
The court had to decide whether the child should live primarily with the father or the mother, and if so, what visitation rights the non-primary caregiver should have. Furthermore, the court needed to establish a framework for shared parental responsibilities, including long-term decision-making, and devise a visitation schedule that accommodated the child's needs, the parents' commitments, and significant events such as school terms, holidays, and special occasions. Additionally, the court had to address communication protocols between the parents and ensure mechanisms were in place for managing emergencies and changes in circumstances.
Judge Newbrun concluded that the child's best interests would be served by having the child live with the mother, with the father having specified visitation rights. The court found that equal shared responsibility for long-term decision-making was appropriate, given the parents' demonstrated ability to cooperate and prioritise the child's welfare. The detailed visitation schedule was designed to balance the father's involvement with the child's need for stability and routine, while also accommodating school terms, holidays, and special occasions. The court emphasised the importance of maintaining a cooperative co-parenting relationship and outlined specific protocols for communication, changeovers, and emergency situations. The final orders ensured that both parents would remain actively involved in the child's life, while also protecting the child's best interests.
Orders
Orders of the court
PAC 4515 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR ANCEL
Applicant
AND:
MS HORSLEY
Respondent
ORDER MADE BY:
JUDGE NEWBRUN
DATE OF ORDER:
2 JUNE 2025
ON A FINAL BASIS THE COURT ORDERS THAT:
1. All previous orders are discharged.
2. The child X born in 2021 (hereinafter referred to as “the child”) shall forthwith live with the mother.
3. The mother and father shall have equal shared responsibility for long term decision making, with respect to the child.
4. From the date of these Orders, until the child commences primary school, the child shall spend time with the father at all times as agreed to by the parents, in writing, but failing agreement the father shall spend time with the child as follows:
(a) Each alternate weekend from Friday 3:30pm to Sunday 3:00pm;
(b) Commencing 11 June 2025:
(i) Each alternate weekend from Friday 3:30pm to Sunday 3:00pm, with the father to collect the child from daycare at the start of time and the parties to meet at B Venue at the conclusion of time.
(ii) Each alternate Wednesday in City C from 8:30am to 12:30pm, with the father to collect and return the child from the mother’s residence.
5. Notwithstanding any other order herein, from 1 February 2026 until the child commences primary school in accordance with the father’s weekends with the child that fall within the NSW School Holidays in Terms 1, 2 and 3, the father’s periods are to be extended for an additional 1 night being Saturday 10:30am to Tuesday 4:00 pm and in order to facilitate this order, the father shall collect the child from the mother at a place agreed to in writing by the parties, and failing agreement the father shall collect the child from the mother at D Venue, City E and the mother shall collect the child from the father at the conclusion of his time with the child at a place agreed to in writing by the parties, and failing agreement, the mother shall collect the child from the father at D Venue, City E, at the conclusion of the father’s time with the child.
6. From 1 February 2026 until the child commences primary school, in accordance with the father’s weekends with the child that fall within the NSW School Holidays in term 4 the father’s periods are to be extended for an additional 2 nights, being Friday 3:30 pm to Tuesday 4:00 pm and in order to facilitate this order, the father shall collect the child from preschool/daycare at the start of his time and return the child to the mother’s residence at the conclusion of his time.
7. From the time the child commences primary school, no later than term 1 2027, the father shall spend time with the child at all times as agreed to in writing by the parents, and failing agreement, the father shall spend time with the child as follows;
(a) During NSW school terms each alternate weekend from:
(i) Week 1 – the completion of primary school from Friday after school or at 3:00pm on a non school day, until the following Sunday at 3:00pm. In order to facilitate this order, the father shall collect the child from school at the start of his time and the mother shall collect the child from the father’s residence at the conclusion of time;
(ii) Week 2 – Wednesday from the conclusion of school at 3:00pm until 6:00pm the same day, and the father shall collect the child at a place agreed to by the parties in writing, and failing agreement, from the child’s school at the conclusion of school at 3:00pm, and the father shall return the child to the mother at the mother’s residence at 6:00pm on the same day. If the father is unable to attend these visits he is to provide the mother with 24 hours’ notice.
(b) In the event a public holiday falls on a Friday or a Monday of the father’s weekend time with the child, the father’s time shall be extended by 24 hours to include the public holiday.
(c) During the NSW Gazetted School Holidays, time spent on alternating weekends shall be suspended and the father shall spend time with the child as follows:
(i) In terms 1, 2 and 3 of the aforesaid school holidays the father shall spend time with the child in week 1 from the first Saturday of each term until the following Saturday of each term.
(ii) In Term 4 of the aforesaid school holidays while the child is in Kindergarten and Year One, the father shall spend time with the child in weeks 1, 3 and 5 from Saturday until the following Saturday of each year ending in an even number, and weeks 2, 4, and 6 of the holidays from Saturday until the following Saturday of each year ending in an odd number.
(iii) Commencing when the child is in Year Two, in term 4 of the aforesaid school holidays, the father shall spend time with the child in weeks 1 and 2 and 5 from Saturday until the following Saturday of each year ending in an even number, and weeks 3, 4, and 6 of the holidays from Saturday until the following Saturday of each year ending in an odd number.
(iv) In order to facilitate Order 7(b)(i) and (ii) herein, the mother shall deliver the child to the father at 11:00am at a place agreed to by the parties in writing, and failing agreement the mother shall deliver the child to the father at D Venue, City E, at 11:00am, and the father shall return the child to the mother at 11:00am at a place agreed to in writing by the parties, and failing agreement the father shall deliver the child to the mother at D Venue, City E, at the conclusion of the father’s time with the child at 11:00am.
8. Notwithstanding any other Orders, the father shall spend time with the child each Christmas from 4:00pm on the 22nd of December until 4:00pm on the 24th of December in even numbered years and from 4:00pm on the 24th of December until 4:00pm on the 27th of December in odd numbered years and to facilitate this order the mother shall deliver the child to the father at a place agreed to by the parties in writing, and failing agreement to D Venue, City E, and the father shall deliver the child to the mother at a place agreed to by the parties in writing, and failing agreement to D Venue, City E, at the conclusion of the father’s time with the child.
9. Should the parties live within 40 kilometres of one another and not earlier than when the child commences primary school, Orders 7(a) to 7(c) be suspended and the child shall spend time with the father during school terms as agreed and failing agreement as follows:
(a) Each alternate week from 3:00pm or after school Thursday until 9:00am or return to school Monday
(b) All changeovers shall occur as agreed and failing agreement to and from the child’s school.
10. Within 28 days from the date of these orders, each parent shall enrol in the parenting course, “Parenting after Separation” and provide confirmation of completing this program, upon completion to each other, within 14 days of such completion and each party shall bear their own costs with respect to the “Parenting after Separation” course.
11. Within 6 months from the date of these orders both parents shall complete a Circle of Security parenting program, and provide confirmation of completing this program, upon completion to each other within 14 days of such completion, and each party shall bear their own costs with respect to the “Circle of Security” course.
12. All communication between the parents shall relate to parenting issues only, and shall be via the WhatsApp Application.
13. Notwithstanding any other order herein, unless otherwise agreed in writing, where the child is not already spending time with the father, the father shall spend time with the child, via Facetime or any other video communication as agreed to by the parties in writing, on Father’s Day, the father’s birthday, the child’s birthday, Christmas Day, each Tuesday, Thursday and Sunday, if not already spending time with the father on that day, at 6:00pm, and the father shall do all things to initiate such video communication, and the mother shall ensure that the child is available to participate in the aforementioned video time.
14. All changeovers can be affected by the parent or a nominee known to the child and should a nominee be attending the parent will notify the other parent not less than 24 hours prior to changeover accordingly.
15. In the event that the child suffers a medical emergency requiring attendance at a hospital or medical centre, whilst in the care of either parent then;
(a) The parent having care of the child shall notify the other parent as soon as practicable by telephone call or WhatsApp Application;
(b) The notifying parent shall provide the other parent with full details of the medical facility upon which the child is attending or is to attend, and shall provide the names of the medical practitioner responsible for the child’s care as soon as practicable;
(c) The medical practitioner, hospital or medical facility shall be advised by each of the parents, that both parents shall have access to the child’s medical records and information with respect to the child’s condition on request by either parent.
16. Each parent shall keep the other parent informed at all times of their current contact telephone number, email address and residential address, and advise the other parent of any change within 48 hours prior to such change occurring.
17. These orders are sufficient authority for either parent to be listed as a contact at the child’s school, and both parents are at liberty to liaise directly with the child’s school and/or teachers, and to receive information normally available to parents, and to attend any school or daycare function or activity or extra-curricular activity normally attended by parents.
18. These orders are sufficient authority for either parent to receive all medical and healthcare information, reports and any other document with respect to the child from any medical or health professional that the child has attended upon, or is attending upon.
19. Both parents be and are hereby restrained from denigrating the other parent or members of the other parent’s family to, or in the presence or hearing of the child, and shall immediately remove the child from the vicinity of any other person doing so.
20. The mother is hereby restrained from allowing the child to refer to anybody else as dad or daddy other than her natural father without the written agreement of the natural father.
21. In the event that the mother proposes to relocate the child’s residence to a place greater than 170 km from the father’s residence in the Suburb F area, she should provide to the father not less than three months’ notice of her intention to so relocate with full particulars of such proposed relocation.
22. There be no order as to costs.
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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