FEDERAL MAGISTRATES COURT OF AUSTRALIA
| ASR & BP | [2007] FMCAfam 552 |
| FAMILY LAW – Children – parenting order – consideration of factors – nature of meaningful relationship – equal shared responsibility disputed by mother – equal time – whether equal time impractical – substantial and significant time – meaning of weekends – whether weekends may be days other than Saturday or Sunday – proper place for change over. |
| Acts Interpretation Act 1901 (Cth) Family Law Act 1975 (Cth), ss.60B(1)(2), 60CC (2)(a) & (b), (3)(a) – (i), (4A), 65DAA(1)(a) & (b), (3), 117(2) & (2A) |
| Aberdeen (City) v Watt (1901) 3 F 787 ACTU, ‘Working Hours and Work Intensification Background Paper’ (11 July 2003, ACTU) Justice J. Boland and C. Pitcher ‘Supervised contact: solution or soft option? When all else fails – what about a contact centre?, Papers of the 11th National Family Law Conference. |
| Applicant: | ASR |
| Respondent: | B P |
| File Number: | MLM 9808 of 2006 |
| Judgment of: | Lucev FM |
| Hearing date: | 20 June 2007 |
| Date of Last Submission: | 20 June 2007 |
| Delivered at: | Melbourne |
| Delivered on: | 31 August 2007 |
REPRESENTATION
| Counsel for the Applicant: | Mr GA Devries |
| Solicitors for the Applicant: | David Stagg Tonkin & Co |
| The Respondent: | BP appeared in person |
ORDERS
The Father and Mother have equal shared responsibility for the Child.
Continue reading ASR and BP
Sign in free to access the full text
- AGLC
- ASR and BP [2007] FMCAfam 552
- Case
- [2007] FMCAfam 552
- Decision Date
CaseChat Overview and Summary
The legal issues before the court encompassed the determination of the Child's living arrangements, including the allocation of time spent with each parent, and the resolution of any disputes regarding the Child's education, health, and religious upbringing. The court was also tasked with establishing communication protocols between the parents and the Child, setting guidelines for the exchange of information and managing potential conflicts between the parents.
The court resolved the dispute by issuing detailed orders that specified the living and spending time arrangements for the Child, alternating between the Mother and Father on a weekly basis, with additional provisions for school holidays, birthdays, and significant holidays such as Christmas. The court also mandated that the parents facilitate daily telephone communication between the Child and the non-custodial parent, and outlined specific protocols for the exchange of information between the parents, including the use of a communication book. Additionally, the court imposed restrictions on the Father's smoking in the presence of the Child and required both parents to participate in a high-conflict family parenting program and to consult on significant decisions regarding the Child's upbringing, with mediation to be sought if necessary. The court further directed that the parents refrain from involving the Child in their disputes and from denigrating each other in the Child's presence.
The court's orders provided a comprehensive framework for the Child's care and upbringing, aiming to promote the Child's best interests while addressing the parents' differing needs and perspectives. The court's decision aimed to create a stable and supportive environment for the Child, facilitating communication and cooperation between the parents despite their conflicts.
Orders
Orders of the court
1.
The Father and Mother have equal shared responsibility for the Child.
2.
The Child live with the Mother when not spending time with the Father.
3.
The Child live and spend time with the Father as follows:
(a) from 7:00 pm Monday to 9:00 am Thursday each week, except as provided hereunder;
(b) when the Child commences kindergarten or school, for one half of all gazetted Victorian school holidays, the first half in odd numbered years and the second half in even numbered years;
(c) from 6:00 pm the night before Father’s Day until 6:00 pm on Father’s Day;
(d) on the Child’s birthday from 6:00 pm the night before the birthday until 6:00 pm on the birthday in 2007 and each alternate year thereafter, and from 6:00 pm to 9:00pm on the birthday in 2008 and each alternate year thereafter;
(e) on the Father’s birthday from 6:00 pm the night before the birthday until 6:00 pm on the birthday in 2007 and each alternate year thereafter, and from 6:00 pm to 9:00 pm on the birthday in 2008 and each alternate year thereafter;
(f) for Christmas Day from 6:00 pm Christmas Eve to 6:00 pm Christmas Day in 2007 and each alternate year thereafter, and from 6:00 pm Christmas Day to 6:00 pm Boxing Day in 2008 and each alternate year thereafter; and
(g) otherwise, by agreement between the Mother and Father.
4.
The Child live and spend time with the Mother as follows:
(a) from 9:00 am Thursday to 7:00 pm Monday each week, except as provided hereunder;
(b) when the Child commences kindergarten or school, for one half of all gazetted Victorian holidays, the first half in even numbered years and the second half in odd numbered years;
(c) from 6:00 pm the night before Mother’s Day until 6:00 pm on Mother’s Day;
(d) on the Child’s birthday from 6:00 pm to 9:00 pm in 2007 and each alternate year thereafter, and from 6:00 pm the night before the birthday to 6:00 pm on the birthday in 2008 and each alternate year thereafter;
(e) on the Mother’s birthday from 6:00 pm the night before to 6:00 pm on the birthday in 2007, and from 6:00 pm to 9:00 pm on the birthday in 2008 and each alternate year thereafter;
(f) for Christmas Day from 6:00 pm Christmas Day to 6:00 pm Boxing Day in 2007 and each alternate year thereafter, and from 6:00 pm Christmas Eve to 6:00 pm Christmas Day in 2008 and each alternate year thereafter; and
(g) otherwise, by agreement between the Mother and Father.
5.
That unless otherwise agreed, the Child shall be allowed to speak on the telephone with the parent with whom she is not living or spending time with each day between 6:30 pm and 7:00 pm, and the parent with whom the Child is living or spending time will ensure the Child is available to receive the call.
6.
That each parent will facilitate any reasonable request by the Child to telephone the other parent.
7.
The Father may take the Child to visit the Father’s relatives in another state at any time during which the Child is living with the Father.
8.
Neither parent shall take any steps to change the Child’s name without the consent of the other parent, or further order of this Court.
9.
Change over shall occur outside the home of the parent to whom the Child is being returned by the parent with whom the Child has been living or spending time, provided that change over on Thursday mornings may be at the Mother’s hairdressing salon if requested by the Mother by 7:00 pm on the previous Wednesday, and further provided that the Father and Mother may agree to change over occurring at a different time and place.
10.
Each parent shall advise the other of their residential address, landline and mobile phone numbers and email addresses, and advise the other parent when those details change within two days of the change.
11.
Each parent shall advise the other of any serious illness or injury suffered by the Child as soon as practicable within 12 hours of the occurrence of the injury or onset of the illness.
12.
That each parent is authorised by these orders to communicate directly with the Child’s kindergarten, school, medical and other health practitioners on any matters concerning the Child, and those persons are authorised by these orders to release the original or a copy of any reports, documents or other materials concerning the Child to each parent.
13.
Neither parent shall denigrate the other to or in the presence of the Child and neither party shall involve the Child in issues in dispute between the parents.
14.
Under s.65L of the Family Law Act, 1975 (Cth) these orders be supervised by a Family Consultant appointed by the Manager, Child Dispute Services, Melbourne Registry, and further that the Family Consultant so appointed give any party to these orders any assistance reasonably required by that party in relation to compliance with, and the carrying out of, these orders until 29 February 2008.
15.
That by 4:00 pm on 14 September 2007 each parent is to contact the Family Relationship Centre Greensborough to gain assistance in enrolling in a Parenting Orders Program for high conflict families run by a Centre closest to each parent’s residence, and that by 4.00 pm on 28 September 2007 the parents are to be enrolled in such a program.
16.
That each party shall fully participate in and complete the Parenting Orders Program referred to in order (15) and shall comply with all reasonable directions by the Program Director.
17.
The parents shall consult with respect to:
(a) the enrolment of the Child in child care, kindergarten, school and any changes in enrolment once enrolled;
(b) the Child’s religious upbringing, including the Child’s christening and attendance at significant religious events; and
(c) appropriate medical, dental and other health practitioners for the Child as the need requires,
and, in the event that the parents are not able to agree in relation to the above issues the parents are to be referred to a mediator nominated by the Dispute Resolutions Coordinator of the Federal Magistrates Court for mediation in an endeavour to resolve such issues. If there are any costs of the mediation, these costs are to be shared equally between the Mother and Father.
18.
The Father shall not smoke cigarettes in the presence of the Child.
19.
The parents shall use a communication book to convey information about the Child, the communication book to be passed between the parents, via the Child, at change over.
20.
Pursuant to s.65DA(2) of 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.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.