Ancel & Horsley
[2025] FedCFamC2F 730
•2 June 2025
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 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.
IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
JUDGE NEWBRUN:
The subject child in these parenting proceedings is X (female) born in 2021. It was common ground between the parties that he will start kindergarten in 2027.
The mother lives in City C with the child and the father in the Suburb F area.
The parties to these final parenting proceedings have reached agreement on numerous issues and now ask the Court to determine some outstanding issues to which agreement could not be reached.
The parties’ agreements and outstanding issues are set out in a proposed Minute of Order headed “Proposed Final Orders” and sent to the Court by email on 12 May 2025 after the final hearing. As to outstanding issues, the mother’s preferred form of order is set out in italics and the father’s is underlined in that Minute. The parties’ respective counsel made submissions at the final hearing and there was no cross-examination of any party, expert, or witness.
The parties’ respective Case Outlines identify that they relied on the following documents:
(a)The father relied upon:
(i)His affidavit filed 5 May 2025;
(ii)Affidavit of Ms G filed 30 April 2025 (with the Court noting that no such document appears on the Court file);
(iii)Case Outline filed 5 May 2025.
(b)The mother relied upon:
(i)Her affidavit filed 23 April 2025;
(ii)Response filed 23 April 2025;
(iii)Notice of Risk filed 18 August 2023;
(iv)Case Outline filed 1 May 2025.
These documents became exhibits:
(a)Exhibit A: Parties’ proposed final orders with differences noted;
(b)Exhibit B: Internet printout pertaining to childcare subsidies.
EVIDENCE
Father’s affidavit evidence
The Court does not propose to set out the whole of the father’s affidavit evidence.
At paragraph 5 he states:
5.My working career started at [H Company] at 17 […]. I worked my way up over the years and left [H Company] at 31. I now work as a small business owner of a franchised […] company called [J Company] which is located in [Suburb K]. I work fulltime hours between Monday and Friday and occasionally additional hours to accommodate the business needs. A year after [X] was born, I employed a business manager to take on a lot of my duties to free up my time for [X]. I have a lot of flexibility with my available times and days.
The father states that he purchased numerous items for the child prior to her birth.
At paragraph 38 he states:
38.[Ms Horsley] advised through her lawyer on Monday 21 August 2023 (4 days after my letter was sent) that she had already moved to [City C] on 14 August 2023 with [X], that (sic she) resided there with her partner and had no intention of coming back. At the time, this was roughly 160 kms from her former home and 200 kms from mine.
At paragraphs 76 to 78 he states:
76.[X] and I have established a consistent routine over the past 7 months of overnights. My time is very limited and my family's time with her even more limited. I pick her up from [City E] at 11am every second Saturday. [Ms Horsley] is generally 15-20 mins late, but I am always understanding about this, as getting [X]'s things together and getting her out the door is generally difficult and find I have the same issue when returning her.
77.[Ms Horsley] will normally hang around for an additional 30-60mins at handover, unless she is in a rush to be somewhere, then will leave promptly. I have taken issue with this in the past and had my lawyer write to [Ms Horsley]’s solicitor asking it to stop, but she continues to do it. This will generally result in [X] and I leaving [City E] around l2:00-12:30pm and returning to Sydney around or after l :30pm.
78.This leaves us between 1:30pm-7:30pm Saturday or 10:00am-1:45pm Sunday - outside of travel time and outside of [X]'s morning/night routine, to do things together.
At paragraph 79 he states:
79.One of the two days will usually be filled with one activity. We have done things like go to the water park, [trips], go to indoor play centres, go swimming, [and other activities]. The other day together we see extended family, usually a family dinner, or family birthday party which are generally postponed to weekends [X] can attend. We will meet at a restaurant or cafe, go on outings, trips to parks or time spent at relatives
At paragraph 82 he states:
82.Although overnights with [X] didn't start until September 2024, I have maintained a fully furnished room for her since March 2024.
At paragraph 85 he states:
85.During Mother's Day 2024 I had returned [X] to our handover point in [City E], which is at a shopping centre.
At paragraphs 112 and 113 he states:
112.I feel the move to [City C] has confined [X]'s childhood to a car. As [Ms Horsley] advised to the Expert and noted in the family report, [Ms Horsley] often returns to Sydney to see her family. This has also been confirmed by [X] to be happening on many of the alternate weekends she is not with me and every weekend she is with me she is returning to Sydney. I see the effects worse when co1lecting her from [City E], as she has already been in the car over an hour, and then is doing another 1 hour and l 5minutes with me to Sydney, with her exhaustion evident.
113.Before overnights started, I would always remain in [City E] and find things for us to [sic do] in the area to reduce her travel time.
At paragraph 117 he states:
117.I have previously driven from Sydney to [City C] and back within the same afternoon to be involved in an orientation at her preschool, a Father's Day event at daycare, and a Christmas event at daycare. While trying my best to attend these things from Sydney, it will be difficult on a weekly basis.
At paragraphs 167 to 168 he states:
167.I have great relationships with everyone in my family, including my niece and nephews who I have baby sat and cared for on many occasions. My brother, sister, and their partners have advised that they feel extremely comfortably and safe knowing their children are in my care (one of who is six months younger than [X]). My mum is a [community worker] for the [L Organisation] located at [Suburb M]. My sister is a [allied health worker] at the [N Hospital] NSW. They both have complete faith in me with children.
168.My family have loved getting to know [X], and other than a few issues as already deposed, [X] seems to love my family.
Mother’s affidavit evidence
The Court does not propose to set out the whole of the mother’s affidavit evidence.
In paragraph 4, the mother states:
From late 2016 to 2021 I was involved in an affair with [Mr Ancel] (hereinafter referred to as "[Mr Ancel] ") who was married at the time.
In paragraph 5 she states:
[X] has always lived with me and I have been and still am her primary carer.
The mother states that the parties never lived together.
In paragraph 7 she states:
I am currently employed full-time as a [professional] with [O Company], based at [Suburb P] in the greater [City C] area, NSW. I commenced my employment with [O Company] in [mid] 2023. Prior to this, I was employed full-time as a permanent employee at [Q Company] in a [professional] role, based at [Suburb R], NSW. My current role represents a promotion, and it appears to me that my overall career prospects in the [City C] area, specifically [roles] are significantly greater than in Sydney, where I observed that the focus is primarily on corporate positions […].
The father spent supervised time (supervised by the mother) with the child for a significant period after the child’s birth.
In paragraph 22 the mother states:
22.I saw that [Mr Ancel] would from time to time purchase items of clothing or the odd toy for [X] and, on some occasions, would leave a small amount of cash in her pram. However, he did not provide any child support for the first 2.5 years of [X]'s life. During this time, I provided for all of [X]'s financial needs, including covering the costs of furniture, childcare, medical expenses, and household bills. This placed considerable financial strain on me, particularly as interest rates began to rise and the repayments on my apartment increased. [Mr Ancel] began paying child support in approximately October 2023, but this amount is less than $80 per week, which does not cover much, given the current cost of living and the expenses involved in raising a child. He does not contribute to any childcare, extracurricular activities, or medical fees.
In paragraph 23 the mother states:
23.Following a particularly disruptive evening visit from [Mr Ancel] on 24 November 2022, I saw that [X] remained awake for over 3 hours past her bedtime, resulting in a short and sleepless night that impacted both [X] and me. During a heated discussion with [Mr Ancel], we agreed to move his visiting time to Tuesday afternoons for the remainder of the year. Coinciding with [X]'s enrolment in daycare on that day, we then arranged for Wednesdays to begin in January2023. I observed that this adjustment allowed [Mr Ancel] to spend a full 2-hours or more block of time with [X] while I was working, as I would normally have been juggling work with caring for [X].
In paragraph 24 she states:
24.From approximately January 2023, [Mr Ancel] and I arranged for [Mr Ancel]'s time with [X] to be spent at a park. I was increasingly uncomfortable with [Mr Ancel] being in my home, so I was able to work remotely from the park while he played with [X] on the grass and play equipment. As [X]'s nap schedule and my work hours were adjusted, we adapted the start time for [X]'s time with [Mr Ancel] accordingly. My overall communication has continued to be very strained, and unless absolutely necessary, we do not communicate at all.
In paragraph 31 and 32 the mother states:
31.After my affair had ended with [Mr Ancel], on 14th August 2023 I relocated from the [Suburb S] area in Sydney to [City C] to live with my new partner at the time [Mr T] and to pursue an employment opportunity with my organisation, [Q Company], where I was offered [a professional] role at [City C].
32.Upon relocation, I continued to facilitate the spend time arrangement that had been in place since December 2022. I travelled from [City C] to Sydney each Tuesday evening and met [Mr Ancel] at [U Venue] at [Suburb V] on Wednesday morning for approximately 3 hours to facilitate this time. I have seen that the drive from [City C] is approximately 2 hours plus depending on weather and traffic.
In paragraph 36 she states:
36.I am unable to perform my job in Sydney as the role is based in [Suburb P], NSW, which is part of the greater [City C] and [City W] region. From 1 July 2025 my role requires me to be on site three days per week and additional days as needed to meet the requirements of the role.
In paragraph 38 she states:
38.[X] has been attending [Y Childcare Centre, Suburb Z] since we relocated to [City C] in August 2023. She currently attends three days per week. I have observed that she is well established and settled into this centre and has made many close friends […]. [X] has also commenced pre-school this year at [City C] Community Pre-School two days per week.
In paragraph 40 she states:
40.After the relationship with [Mr T] ended, [X] and I moved into a rental property in [Suburb AA], NSW, which is one suburb over from our previous residence. I signed an initial 12-month lease, and I have since signed a further lease until February 2026…The property is a two-bedroom [unit], where [X] has her own bedroom, and we also have a backyard. I have observed that the property is approximately 7 minutes drive from [X]'s daycare centre and a 10 minutes drive from [X]'s preschool.
At paragraph 46 she states:
46.One morning in November 2024, I phoned [Mr Ancel] to speak with [X]. When the video call connected I observed that [X] appeared to me to be distressed. I saw that her eyes were red and watery, and she appeared to me to have been crying. I was aware that [X] was scheduled to attend a birthday party for a member of [Mr Ancel]'s family that day. During the call, [Mr Ancel] told me that [X] had become very upset about attending the party. [Mr Ancel] said that [X] was very scared of [Mr BB] who is [Mr Ancel]'s brother, [Mr CC], who is [Mr Ancel]'s brother-in-law, and [DD] who is [Mr Ancel]'s nephew. [Mr Ancel] told me that [X] was adamant that she did not want to attend the event, and as a result, he was unable to go. Later, when [X] was back in my care and appeared to me to be calm and comfortable I asked her about her feelings. She said that she was scared of [Mr BB], [Mr CC], and [Mr DD] because they were "big and have tattoos." I conveyed this to [Mr Ancel]. [Mr Ancel]'s response was in my opinion defensive, saying, "they don't all have tattoos." I reiterated that I was simply relaying what [X] had told me, and that I did not believe pressing her further on the issue would be beneficial for her. This highlighted to me the time it takes [X] to adjust to new people and new relationships, as [Mr Ancel]'s family did not know about her before February 2023.
At paragraph 55 she states:
55. … [X]'s usual evening routine consists of dinner at approximately 6:15 pm, a bath at 7:00 pm, and bedtime at 7:30 pm.
At para 60 she states:
60.I have seen that [X] has a strong and supportive relationship with her extended family on my side, which is maintained through regular visits and communication.
At paragraph 61 she states:
61.I want to remain in the [City C] area for parenting, financial, career, and emotional reasons. I was a single mother to [X] from her birth, and in the [City C] location with my very close network of friends and family. In my opinion I am better supported and have more work opportunities, than in Sydney. And I am simply unable to afford to live in Sydney. [X] is also well-established in [City C], and I am of the opinion she enjoys living in [City C] and the life I am able to provide for her here.
At paragraph 62 she states:
62.I propose a gradual increase in [Mr Ancel]'s time with [X] including a full weekday each week, where [X] would be withdrawn from her Wednesday at daycare permanently, and spend the day with [Mr Ancel] in the local [City C] area from 8am until 5:30pm. This would replace the day in daycare and allow [Mr Ancel] to have more time with [X] on a weekly basis. In addition the current schedule would shift from one night per fortnight to two nights per fortnight, with further shared time in school holidays. This proposal is made in consideration of increasing the father’s time and involvement with the child's life while still considering the distance between the parents, the travel impacts on [X], routine and consistency for [X], and that she attends pre-school on Mondays. For continued weekly time, once she starts primary school, I have proposed that each Wednesday afternoon [X] spend time with [Mr Ancel] from the end of the school day until 6:00pm.
At paragraph 64 she states:
64. In my opinion preschool is great for [X]'s development and [X] must attend Monday and Tuesday, as preschool requires a minimum enrolment of 2 days per week. I propose handovers to continue to occur on a Sunday afternoon, on the [Region EE] at a park that has appropriate amenities such as bathrooms. I have calculated that this is approximately halfway between [Mr Ancel]'s residence and my residence.
At paragraph 65 she states:
65.[Mr Ancel] on previous occasions has told me that he works 70 hours per week, which may limit his ability to care for or spend quality time with [X]. In October 2024 I asked [Mr Ancel] if he would like to take [X] trick-or-treating for Halloween. He said to me that he would let me know. When he hadn't let me know by the 30 October 2024 I began to make alternate arrangements for [X] to do this with her friends. On 30 October 2024 [Mr Ancel] told me that he "had the intention of coming up". I responded seeking confirmation as I had been making alternate arrangements. On 31 October 2024 which was Halloween [Mr Ancel] said to me, "I think it would be great if she gets to do it with a friend, if not I am happy to come up". Again to me it appeared that work was taking a priority over the time [Mr Ancel] could spend with [X] that was additional to that which is set out in our current orders. I saw that [Mr Ancel] did not meet up with [X] until 5pm for about l .5 hrs. I made the offer so that [X] could spend additional time with [Mr Ancel]. Despite [Mr Ancel]'s request and application to increase time, [Mr Ancel] has not demonstrated a consistent effort or engagement to make this a priority. Prior to the commencement of overnights, there were only three occasions where [Mr Ancel] requested additional time on a Saturday. Each time I was flexible in providing additional time. Since overnights began in September 2024, I have seen that there has only been one occasion where [Mr Ancel] has requested extra time with [X], which was an additional night for [X] to attend a family holiday with him in [Town FF]. I agreed and arrangements were made for [X] to attend Friday and return Sunday afternoon.
At paragraph 66 she states:
66.As part of my proposed orders for a gradual increase in time, I have also proposed that during [X]'s preschool holidays for the remainder of 2025 and 2026, when it is her weekend with [Mr Ancel], that she spend three nights with him from Saturday to Tuesday. Handover would take place halfway between our homes on Saturday, with [Mr Ancel] returning her to [City C] on Tuesday. This proposal takes into consideration that I will be working on that day. This arrangement would also mean that during the Christmas holiday period, there would be three weekends where [X] would have additional nights with [Mr Ancel] without impacting her attendance at daycare. In my opinion this is important because, after a number of absences, I have discovered that the childcare subsidy is removed, and I would be required to pay the full daily rate of over $150 per day, which is not financially viable for me, as I cannot afford it.
At paragraph 67 she states:
67.In my opinion I have proposed handover times that take into consideration [X]'s young age and sleep and routine requirements, time to settle in after changing locations, as well as the location of handovers in relation to the time. I have consistently observed that [Mr Ancel] is late to return [X] during nearly every handover. The handover location is a park, and I have observed that [Mr Ancel] is regularly between 30 to 45 minutes late, often without communicating that he will be delayed, or communicating 20 minutes after he is supposed to be there. This consistent lateness creates significant disruption to [X]'s evening routine, as we need to rush home to ensure that we can still complete her bedtime, bath, and dinner routines in a timely manner. Additionally, even in instances where I have agreed to give [Mr Ancel] additional time with [X], [Mr Ancel] has still been late in returning her. In my opinion this ongoing issue with punctuality further highlights the challenges in managing a consistent and stable routine for [X] and makes it difficult to rely on the proposed changes to the handover times. I have observed that [X]'s routine is as follows: Normally she wakes up between 7.15-8.00am, usually around 7.30am, goes to the toilet after waking, then we do an activity with drawing or dancing [and other activities], after breakfast at 8.00am [X] gets dressed for pre school/daycare at 8.20am, leave around 8.45am to drop off at pre-school or daycare, usually arrive between 8am and 9am. Pre-school finishes at 3.45pm on Mondays and Tuesdays.
Family report
The family report is dated 15 October 2024. The author is Ms GG, regulation 7 Family Consultant. She interviewed the family in September 2024.
At paragraph 8 she states:
8.Currently [X] lives with [Ms Horsley] and spends time with [Mr Ancel] each alternate Wednesday from 8:40am to 11:40am and each alternate Saturday between 10am and 3pm, on the same fortnight.
At paragraph 17 she states:
17.In interview, [Mr Ancel] proposes, should [Ms Horsley] continue to reside in [City C], for [X] to live with [Ms Horsley] and spend each alternate weekend from Friday to Sunday with [Mr Ancel] in [Suburb F], and each Wednesday with him in [City C]. He reports this to be consistent with limiting [X]'s travel between the parent’s homes. [Mr Ancel] seeks for [X] to spend overnights with him from Saturday to Sunday for three months, as a transition to longer overnight time arrangements.
At paragraph 33 she states:
33.[Ms Horsley] reports no maternal family in [City C], with the maternal grandmother, maternal aunt and maternal uncles to reside in Sydney and that she frequently visits. With regards to relocating, [Ms Horsley] advises having a “really tight group of friends and work” in [City C] and claims she has no plans to relocate back to Sydney, describing the cost of living and affordability in Sydney to have adverse financial implications for her.
At paragraph 59-60 she states:
59.… [Ms Horsley] reports changeovers occur at a halfway point between the parent’s homes and in a park, whereby, once changeover has occurred, [Ms Horsley] spends time with the maternal grandmother in the [Region HH] suburbs of Sydney during the time [X] spends with [Mr Ancel].
60.… He reports the parents “meet in the middle”, in [City E], and describes this as a two and a half hour drive, each way for [X], advising he has been staying in [City E] for his time with her prior to wanting to orientate her to his residence in preparation for overnight time.
Under the heading “Evaluation”, she states:
At paragraph 71 she states:
71.[X], aged three years, four months, is in an important development period whereby she remains reliant on her adult caregivers for the meeting of her emotional and security needs, as well as to attend to her daily wellbeing and protective needs. Whereby [X]'s adult caregivers have the capacity to meet and provide for these needs, [X] can be supported to reach her developmental milestones, share close and connected relationships with her primary caregivers, and be afforded benefits across her psychological, social and relational domains.
At paragraph 73 she states:
73.It is assessed that there are no significant or substantial risk factors impacting on [X] or the parents, and her safety and protective needs are being met by both [Ms Horsley] and [Mr Ancel]. It is however assessed that [X]'s capacity to be afforded psychological and relational benefits through both a maternal and paternal relationship, is a significant factor impacting on her current and future wellbeing. Where children have their safe child-parent relationships adversely influenced or restricted, their unique needs as entities separate to their parents remain unmet and they are more likely to experience adverse psychological and relational outcomes particularly through adolescence and into adulthood.
At paragraph 75 she states:
75.It is clear that [Mr Ancel] and [Ms Horsley] adore and idolise [X], and she is a very loved child. They both have unique and distinct lives to share with [X], and she will benefit greatly in circumstances where this love can be experienced by her freely.
At paragraphs 80 to 81 she states:
80.Regarding [Mr Ancel]'s proposal for shared parental decision making for [X]'s long-term issues, and for her to live with [Ms Horsley] and spend time with him on an increasing basis to each alternate weekend in Sydney, and each Wednesday in [City C], it is assessed that this is consistent with [X]'s best interests and affords her opportunity to develop a close and connected relationship with [Mr Ancel] and the paternal family. Should [X] remain living in [City C] and [Mr Ancel] in Sydney, increased school holiday time will be beneficial for [X] as she develops. In circumstances where [Mr Ancel] resides closer to [X], a greater increase in frequency of overnight time would be consistent with her best interests, to afford [X] progression to an equal shared time arrangement as she reaches formal schooling age.
81.Regarding [Ms Horsley]’s proposal for sole parental decision making for [X]'s long term issues, and for her to live with [Ms Horsley] and spend one overnight each alternate weekend, and each alternate Wednesday, until [X] commences formal education and then up to three nights each alternate weekend with [Mr Ancel], it is assessed that this time arrangement is currently consistent with [X]'s best interests however a progression and building of time is additionally important to afford [X] familiarity, and increased connection opportunity with [Mr Ancel] and the paternal family. [Mr Ancel]'s involvement in [X]'s daycare and [City C] environment is additionally important should [Mr Ancel] be able to facilitate this, with additional time to occur in circumstances where he can regularly commit to arrangements in [City C]. It is assessed that [Ms Horsley] having sole parental decision making for [X]'s long term issues is not consistent with her best interests and would provide [X] with ongoing experiences that continue to present barriers to her perceiving and experiencing [Mr Ancel] in a meaningful parental relationship.
Under the heading Recommendations, at paragraph 83 she states:
83.That, should [Mr Ancel] and [Ms Horsley] continue to reside greater than 100 kilometres apart;
a. [X] lives with [Ms Horsley] and spends time with [Mr Ancel];
i.In [City C], each Wednesday from 8:30am to 5:00pm or from 8:30am Wednesday to 5:00pm Thursday should [Mr Ancel] have suitable accommodation, in addition to the following;
ii.Each alternate Saturday from 10am to Sunday 3pm with time to occur in Sydney, for a period of three months, followed by;
iii.Each alternate Friday to Sunday with time to occur in Sydney and Friday changeover at daycare, for a period of six months, followed by;
iv.Each alternate Friday to Monday with changeover to occur at daycare for a period of six months, followed by an additional five consecutive nights on four occasions per calendar year inclusive of the alternate weekend time;
v.That this arrangement continues until [X] commences formal schooling whereby, she spends each alternate weekend with [Mr Ancel] from after school Friday until 4pm Sunday, and half of all school holidays.
The Court accepts the evidence of the Family Report writer, subject to any view of the Court to the contrary, whether express or implied, as discussed below in relation to s 60CC of the Family Law Act 1975 (Cth) (“the Act”).
RELEVANT LEGAL PRINCIPLES
Section 60B of the Act sets out the objects of Part VII of the Act which are to ensure that the best interests of a child are met, including by ensuring their safety, and to give effect to the Convention on the Rights of the Child.
In deciding whether to make a particular parenting order in relation to a child, a court must regard the best interests of the child as the paramount consideration: section 60CA of the Act.
The Court must have regard to the factors outlined in section 60CC of the Act before determining what is in the child’s best interests. The matters to consider are set out in subsection (2) of section 60CC and, if the child is an Aboriginal or Torres Strait Islander child, the Court must have regard to the matters set out in subsection (3).
The Court, or any other person cannot require the child to express his or her views in relation to any matter: section 60CE. Although, the Court can have regard to any views that are expressed by a child where such views are contained in a report given to the court: section 60CD(2)(a).
When making a parenting order that deals with the allocation of responsibility for making decisions about major long-term issues in relation to the child the Court may provide for joint or sole decision-making in relation to all or specified major long-term issues: section 61D(3).
The Court has to consider each statutory matter in section 60CC, even if express discussion is not necessary (Jollie & Dysart [2014] FamCAFC 149 at [49]; Banks & Banks (2015) FLC 93-637 at [49]; Tibb v Sheean (2018) 58 Fam LR 351 at [83]–[85]). Accordingly, the Court will discuss each factor to the extent necessary, having regard to all considerations.
The best interests of the child
The Court has considered all the s 60CC considerations.
The Court has considered all the parties’ submissions and documents relied upon.
The Court will now set out each disputed proposed order, and discuss and determine which proposed order will be in the best interests of the child, having considered, inter alia, relevant s 60CC considerations.
First dispute: Order 4(b)
4.That 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. That commencing 11 June 2025,
Father’s Proposal
i.Each alternate Wednesday from 8:00am until 6:00pm with changeover to occur at a location as agreed between the parties and failing agreement at [D Venue, City E].
ii.Each alternate weekend from 3:30pm or conclusion of daycare/preschool Thursday until 3:00pm Sunday, with the father to collect the child from daycare at the start of time and the mother to collect the child from the father’s residence at the conclusion of time.
Mother’s Proposal
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 Wednesday in [City C] from 8:30am to 5:30pm, with the father to collect and return the child from the mother’s residence
As to Wednesday time from 11 June 2025 until the child commences primary school (in 2027), the father’s above proposal would require the child to wake up well before her usual wake up time of usually around 7.30 am; she would have to wake up well before 7.30 am to be in a position to arrive at City E at 8.00am. Such proposal carries the real risk that the child’s personally expected routine and stability would be adversely affected.
The father seeks (as to Wednesday time) the ability to spend time with the child on alternate Wednesdays during the day from 8.00 am to 6.00 pm at a place of his choosing without restriction, whereas the mother proposes that he spend each Wednesday in City C during the daytime from 8.30 am to 5.30 pm. It will not be in the child’s best interests, on the father’s proposal, which is not confined to spending Wednesday time in City C, to be spending potentially up to about 4 hours in a car (2 to 2.5 hours each way approximately between City C and Sydney) should the father choose to spend that time with the child in Sydney. The Family Report writer recommended each Wednesday in City C during this pre-commencement of school period.
The father himself, in September 2024, had told the family report writer in interview that he proposed, inter alia, that the child spent time with him each Wednesday in City C and he had reported this to be consistent with limiting the child’s travel between the parent’s homes. The Court observes that in the father’s Amended Initiating Application filed 30 January 2025, he had sought a final order (4(a)) that the child spend time with him in City C each Wednesday from 8.30 am to 5.00 pm. The Court further observes that in the father’s case outline filed 5 May 2025, in the alternative, he sought orders that he spend time with the child each Wednesday from 8.30 am to 12.30 pm up to the child commencing primary school.
Nevertheless, by implication, on the father’s present proposal in this context (Wednesday time), the father prefers to spend only each alternate Wednesday with the child as opposed to the mother proposing the child spend time with him each Wednesday in City C. In this context, the Court observes, for instance, that the father does usually work full-time. Accordingly, to accede to the mother’s proposal for Wednesday time in this regard, in particular each Wednesday, the father may well find such regularity of Wednesday time personally impractical, whether for work purposes or otherwise. The father had also submitted that if there was inclement weather on the Wednesday in City C, himself and the child might have limited activities to do if a whole day was spent with each other there: there is force to this submission.
The mother submitted that should the Court order that the father only spend time with the child on alternate Wednesdays that her childcare subsidy will be reduced. Respectfully, the Court places no significant weight on this submission because it begs the question as to whether it is in the best interests of the child for her to spend time with the father each Wednesday in City C, which the father does not want to do, but who prefers to spend only alternate Wednesdays with the child. As discussed with counsel during submissions, there is an oddity to effectively force a parent to spend a certain amount of time with a child that they do not wish to spend – again the father’s present proposal is, from 11 June 2025, to spend alternate Wednesdays with the child until the child commences primary school.
Having regard to the above discussions, it will be in the best interests of the child to order that the child spend time with the father each alternate Wednesday in City C from 8.30 am to 12.30 pm, with the father to collect and return the child from the mother’s residence in City C.
As to alternate weekend time (from 11 June 2025 until the child commences primary school), the child is presently spending pursuant to the orders of 14 November 2023 one overnight with the father from 11.00 am Saturday to 3.00 pm Sunday.
In the father’s proposed order 4(b)(ii), he is seeking each alternate weekend from 3.30 pm or conclusion of daycare/preschool Thursday until 3.00 pm Sunday being three overnights. This proposal would potentially permit the father to not take the child to her childcare or preschool in City C on the fortnightly Friday. If he was proposing to take the child back to Sydney on the Thursday evening and return the child to her childcare or preschool on the Friday morning, that would involve the child in excessive travel in the car.
On the other hand, in this context, the mother proposes the child’s time during this period be each alternate weekend from Friday 3.30 pm to Sunday 3.00 pm, being two overnights.
The child is only just 4 years of age and she is presently used to spending only one overnight with the father fortnightly. At this tender age, the father’s proposal for, inter alia, three overnights from Thursday afternoons to Sunday afternoon would carry the real risk that the child’s personally expected routine and stability would be adversely affected. The Court further observes that in proposed Order 7, from the time the child commences primary school in 2027, the father and mother have agreed to fortnightly overnight time between the child and the father from Friday after school to Sunday afternoon.
It will be in the best interests of the child to make the mother’s proposed orders in this context; that is each alternate weekend from Friday 3.30 pm to Sunday 3.00 pm, 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.
Second dispute: Order 6
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, …
Father’s Proposal
… the father shall collect the child from preschool/daycare at the start of time and the parties shall meet at [D Venue, City E] at the conclusion of time.
Mother’s Proposal
… 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.
The father’s proposed order regarding the drop-off location for the child at the conclusion of her time, namely at City E, (whereas the mother seeks a drop-off location at her residence) would appear impractical for the mother who is a full-time employee in City C; if the father’s proposed order in this regard was made she would have to leave work on the Tuesday at the latest by about 3.00 pm to arrive at City E by 4.00 pm on the Tuesday. To adversely affect the mother’s employment would not be in the best interests of the child. It will be in the best interests of the child to make the mother’s proposed orders in this context.
Third dispute: Order 7
7.That 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;
b.Week 1 - at 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, …
Father’s proposal
… 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
Mother’s Proposal
… the father shall collect the child from school at the start of his time and return the child to the mother at [B Venue] at the conclusion of his time.
Continued:
c.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;
d.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.
e.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 (Mother’s Proposal) / (all schooling) (Father’s Proposal) 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 (Mother’s Proposal).
iv.In order to facilitate Order 7(e)(i) and (ii) herein, the mother shall deliver the child to the father at 11am 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 11am, and the father shall return the child to the mother at 11am 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 11am.
As to the dispute as to order 7(b), namely as to whether on the fortnightly Sunday afternoon at 3.00 pm, being the collection time for the child after the child had spent fortnightly overnight time with the father, the father submitted that the mother’s proposal in this regard (namely the parties meeting at the B Venue at 3.00 pm on the Sunday) would effectively reduce his quality time with the child because he would have to leave his home well before 3.00 pm to meet the mother at that location. Whereas, on the father’s proposal, if the mother was required to collect the child at the father’s residence on the fortnightly Sunday at 3.00 pm, he would effectively have greater quality time with the child. There is force to this submission and which the Court accepts. It will be in the best interests of the child to make the father’s proposed order.
As to the dispute as to Order 7(e) ii and iii, the father proposes that during the term 4 school holidays, in Kindergarten and Year One, the parties effectively spend week about time with the child, but when the child commences Year Two for the Term 4 school holidays, he still spends some three weeks of holiday time with the child but he is able to spend two weeks of that three weeks as a block period. The mother opposes this formula and proposes that throughout all the child’s schooling in Term 4 of the school holidays the child spend week about time with the parents.
The mother submitted, inter alia, that the father had adduced no relevant evidence to support proposed Order 7(e) ii and iii. However, even in the absence of specific evidence as to these very proposed orders, considering all the evidence before this Court holistically, the Court, respectfully, is entitled to prognosticate as to whether the father’s proposed orders in this regard will be orders in the best interests of the child. In passing, the Court observes that there is no specific evidence relating to how exactly the father proposes to spend time with the child during his week about time during such Term 4 school holidays. And further, whilst the mother submitted that the evidence indicates the father works full-time and sometimes works on weekends, it is difficult to foresee, and the evidence before the Court does not indicate, that there is a significant risk that the father will spend a block period of time of two weeks with the child in the term 4 school holidays whilst he is working full-time and possibly working on weekends.
It will be in the best interests of the child to make the father’s proposed orders in this context. The Court is of the view that by the time the child has reached the Term 4 school holidays at the end of Year Two, she will have likely adjusted to spending regular overnight time with the father and, having previously spent week-about time during the Term 4 school holidays at the end of kindergarten and at the end of year one, will likely adjust to spending a block period of two weeks with the father during these holidays. Such block period will enable the child and the father to spend significant meaningful time with each other and enable them to participate in activities or go on holidays for longer than one week at a time.
Fourth dispute: Order 8
8.That notwithstanding any other Orders, the father shall spend time with the child each Christmas from 4:00pm/5:00pm on the 22nd of December until 5:00pm on the 24th of December in even numbered years and from 5:00pm on the 24th of December until 4:00pm on the 27th of December in odd numbered years. In order 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.
It will be in the best interests of the child, to facilitate the child arriving earlier rather than later at the father’s residence, after the father has picked up the child from City E, to order that the above time from 22 December commence at 4.00 pm, and that the time commencing on 24 December also commence at 4.00 pm.
Fourth dispute: Order 9
9.That should the parties live within 40 (Father’s Proposal) / 30 (Mother’s Proposal) kilometres of one another and not earlier than when the child commences primary school, orders 7(a) – 7(d) 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.That all changeovers shall occur as agreed and failing agreement to and from the child’s school.
The family report writer recommended that the child’s time with the father should significantly increase should the parties live within 100 km of each other. The Court can discern no significant reason, acting in the best interests of the child, as to why the child’s proposed significant increase in time with the father pursuant to this Order 9 should only occur should the parties live within 30 km of one another as opposed to 40 km of one another. The difference between these two figures is 10 km and the extra driving time that the child might have to endure over an additional 10 km is not significant.
The proposed significant increase in time that the child spends with the father in this context will be in the child’s best interests because such increased time will potentially strengthen the child’s meaningful relationship with the father. Accordingly, the distance of 40 km shall be inserted into Order 9.
Fifth dispute: Order 14
Father’s Proposal
14.That all changeovers can be affected by the parent or a nominee known to the child and should a nominee be attending they will notify the other parent not less than 24 hours prior to changeover. …
Mother’s Proposal
… and the mother approves the nominee.
The mother states that in November 2024 she related to the father that the child had told her that she was scared of Mr BB, Mr CC , and Mr DD, being members of the father’s extended family, because they were "big and have tattoos." The Court refers to the mother’s evidence in this context and referred to above.
On the other hand, the father states in his affidavit:
70.When bringing up other things [X] has told me with [Ms Horsley], such as "mummy said […] is my dad", [Ms Horsley] has always denied saying them, and on occasion become argumentative and confrontational in front of [X]. Because of this, I just told [Ms Horsley] that [X] was having issues with the males in my family, and asked if she could speak with her and let me know what she says, as she may be more inclined to discuss it with her, so I can work on it with her.
71.[Ms Horsley] told me the following week that [X] had a dislike for my brother's tattoos, but I found this odd as [Ms Horsley] has tattoos, and I know that [X] has had exposure to other people with tattoos. It also didn't explain [X]'s dislike for my nephew, who was 14 at the time, and my brother inlaw who does not have tattoos.
The mother submitted, inter alia, that the father had not introduced the mother to a member of his extended family. Further, it was submitted that in this proposed order the father was not proposing a list of any particular nominees that might affect the changeover on his behalf; he merely refers in the proposed order to “a nominee known to the child”. The mother submitted that she had adduced evidence that the child had told her that she was scared of certain members of the father’s extended family, as set out above.
On the other hand, the father submitted, inter alia, that without a nominee for changeovers the child may miss out on spending time with the father. Further, that if, for example, the mother was unwell, practical issues might arise in relation to changeover. The Court refers to the father’s above evidence relating to that tattoo issue. The parties have agreed to equal shared parental responsibility. The father has been and will spend increased overnight time with the child with the associated responsibilities that such time entails. It will not be in the best interests of the child to make the mother’s proposed order.
Sixth dispute: Order 21
Father’s Proposal
21.That unless otherwise agreed in writing, the mother is hereby restrained from relocating the child’s residence to a distance further than 170 kms from the father’s address.
It was common ground at the final hearing that the approximate distance between the mother’s residence in City C (the suburb of Suburb AA) and the Suburb F area was about 170 km.
The father contends that he is concerned that if the mother enters a new relationship she will again move residence. If she was to move a distance of greater than 170 km from the father’s address his travel time to spend time with the child would be increased.
It was common ground at the final hearing that the mother’s present residential suburb of Suburb AA is approximately west of the City C CBD.
The mother submitted that the proposed restraint was not in the best interests of the child because if the father was to move residence, for example 5 to 10 km south of Suburb F, the mother, if she sought to relocate the child’s residence to another suburb of City C, may well be unduly restricted in her proposed choice of suburb. She submitted that this proposed restraint for some 14 years was unreasonable.
The mother submitted that there was no evidence before the court that the mother was proposing to relocate the child’s residence.
The mother submitted that if the Court were cautiously minded, it could make an order that in the event that the mother sought 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 not less than three months’ notice of her intention to so move with full particulars of such proposed move to the father. In the view of the Court, such an order will be in the best interests of the child. The proposed restraint will not be in the best interests of the child and is unreasonable and not supported by any evidence.
The Court is otherwise satisfied that the balance of the proposed orders, which the parties ask the Court to make by consent, are in the best interests of the child.
The Court makes orders accordingly.
I certify that the preceding ninety-two (92) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Newbrun. Associate:
Dated: 2 June 2025
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