FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Attwood & Attwood [2022] FedCFamC1F 6
File number(s): SYC 7527 of 2020 Judgment of: ALTOBELLI J Date of judgment: 14 January 2022 Catchwords: FAMILY LAW – INTERIM PARENTING – Urgent circumstances in which the child is in Australia without a parent – Where the mother is currently in the United Kingdom and the father is in Country L – Impression that neither parent wishes to return to Australia on a long-term basis – Where child’s name is on the Family Law Watch List – Where it is common ground that the child will travel to Country L if permitted to travel – Order for child’s name to be removed from Family Law Watch List. Legislation: Family Law Act 1975 (Cth) ss 34, 60B, 60CA, 60CC, 61DA, 65DAA, 68B, 91B
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 5.03
Cases cited: Bennett v Bennett (2001) FLC 93-088; [2001] FamCA 462
CDJ v VAJ (No 1) (1998) 197 CLR 172; [1998] HCA 67
Coco v The Queen (1994) 179 CLR 427; [1994] HCA 15
Commonwealth Trading Bank v Inglis (1974) 131 CLR 311; [1974] HCA 17
Flanagan and Handcock (2001) FLC 93-074; [2000] FamCA 150
Gilles & Irby (2016) FLC 93-687; [2016] FamCAFC 13
Goode & Goode (2006) FLC 93-286; [2006] FamCA 1346
In re Boaler [1915] 1 KB 21
MRR v GR (2010) 240 CLR 461; [2010] HCA 4
Re Attorney-General (Cth); Ex parte Skyring (1996) 135 ALR 29; [1996] HCA 4
Division: Division 1 First Instance Number of paragraphs: 55 Date of hearing: 12 January 2022 and 14 January 2022 Place: Sydney (via videoconference) Counsel for the Applicant: Mr Othen Solicitor for the Applicant: Mr Katsikaris of Katsikaris Family Lawyers Counsel for the Respondent: Mr O’Dwyer SC Solicitor for the Respondent: Gordon & Barry Lawyers Pty Ltd Solicitor for the Independent Children's Lawyer: Ms Norris of Legal Aid NSW ORDERS
SYC 7527 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS ATTWOOD
Applicant
AND: MR ATTWOOD
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
ALTOBELLI J
DATE OF ORDER:
14 JANUARY 2022
THE COURT ORDERS THAT:
1.Order 4 of the orders made on 14 December 2020 is discharged.
2.The child, X born … 2007, be permitted to travel overseas, AND IT IS REQUESTED that the Australian Federal Police give effect to this order by removing the name of the said child from the Family Law Watch List in force at all points of arrival and departure in the Commonwealth of Australia.
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…
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CaseChat Overview and Summary
The primary legal issue the Court had to decide was the best placement for the child, considering the child's welfare and the parents' respective positions. The Court also needed to consider the potential for future litigation and the possibility of the parents reaching agreements regarding the child's upbringing. Additionally, the Court had to address the child's need for therapy and the feasibility of such therapy in either Australia or Country L.
In reaching its decision, the Court took into account the extensive litigation history of the matter, which suggested that any order made was unlikely to prevent further legal disputes. The Court emphasised the importance of making an order that minimised the likelihood of additional proceedings concerning the child. Despite reservations about the parents' ability to reach agreements, the Court believed that the child's best interests would be served by allowing her to reside with her father in Country L, where she could maintain a relationship with both parents. The Court also noted that therapy could be effectively conducted in Country L, similar to Australia, and that the child's views were to be considered in the decision-making process.
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