FAMILY COURT OF AUSTRALIA
| ATUK & ATUK | [2016] FamCA 283 |
| FAMILY LAW – CHILDREN – Interim parenting – With whom the children live – With whom the children spend time – Best interests of the children – Principles for interim parenting applications – Meaningful relationships – Change in circumstances – Concerns in relation to the father’s parenting capacity – Children’s schooling |
| Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 61DA, 65DAA |
| Banks & Banks [2015] FamCAFC 36 |
| APPLICANT: | Ms Atuk |
| RESPONDENT: | Mr Atuk |
| INDEPENDENT CHILDREN’S LAWYER: | Legal Aid NSW Bankstown Family Law |
| FILE NUMBER: | PAC | 4209 | of | 2014 |
| DATE DELIVERED: | 29 April 2016 |
| PLACE DELIVERED: | Parramatta |
| PLACE HEARD: | Parramatta |
| JUDGMENT OF: | Foster J |
| HEARING DATE: | 16 March 2016 |
REPRESENTATION
| SOLICITOR FOR THE APPLICANT: | McAuley Hawach Lawyers |
| COUNSEL FOR THE RESPONDENT: | Ms Friedlander |
| SOLICITOR FOR THE RESPONDENT: | Atila Lawyers |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Legal Aid NSW Bankstown Family Law |
Orders:
Pending Further Order:
That the Mother and Father have equal shared parental responsibility for the children J born …2003 and K born … 2011 (“the children”).
That the children live with the Mother.
That the children spend time with the Father as agreed between the Mother and Father in writing with such writing to include SMS and or email communication and in default of agreement as follows:
(a) As to the child K during school term each alternate weekend from after school Friday to 6.00pm Sunday or Monday if a long weekend commencing Friday 12 February 2016 for the current school term and thereafter commencing on the second weekend after the resumption of school term;
(b) As to the child J during school term each alternate weekend from after school Thursday to before school Monday or Tuesday if a long weekend commencing Friday 12 February 2016 for the current school term and thereafter commencing on the second weekend after the resumption of school term;
(c) As to both children during school term each alternate Thursday from after school Thursday to before school Friday commencing Thursday 4 February 2016 in the current school term and thereafter commencing the first Thursday after the resumption of school term;
(d) For one half of the end of term school holiday periods commencing at 9:00am on the first day of school holiday periods and concluding at 5:00pm in the midpoint Saturday of such holiday periods and for one half of the Christmas school holidays as agreed and if no agreement on a week about basis with the mother to have the first week.
That the Father’s time with the children…
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- Atuk & Atuk [2016] FamCA 283
- Case
- [2016] FamCA 283
- Decision Date
CaseChat Overview and Summary
The court was required to determine the orders concerning the children's living arrangements, time spent with each parent, and other related matters including schooling and emergency contact.
Foster J made orders for equal shared parental responsibility for both children. The children were ordered to live with the Mother. Specific arrangements were detailed for the children's time with the Father, including alternate weekends, mid-week time, and school holidays, with provisions for agreement between the parents and default arrangements. The Father's time was suspended on Mother's Day weekend, with a reciprocal arrangement for Father's Day. The court also made orders regarding the children's schooling and the nomination of the Father as an emergency contact for K. Provisions were also made for telephone contact and the facilitation of changeovers.
Orders
Orders of the court
Pending Further Order:
1.
That the Mother and Father have equal shared parental responsibility for the children J born …2003 and K born … 2011 (“the children”).
2.
That the children live with the Mother.
3.
That the children spend time with the Father as agreed between the Mother and Father in writing with such writing to include SMS and or email communication and in default of agreement as follows:
(a) As to the child K during school term each alternate weekend from after school Friday to 6.00pm Sunday or Monday if a long weekend commencing Friday 12 February 2016 for the current school term and thereafter commencing on the second weekend after the resumption of school term;
(b) As to the child J during school term each alternate weekend from after school Thursday to before school Monday or Tuesday if a long weekend commencing Friday 12 February 2016 for the current school term and thereafter commencing on the second weekend after the resumption of school term;
(c) As to both children during school term each alternate Thursday from after school Thursday to before school Friday commencing Thursday 4 February 2016 in the current school term and thereafter commencing the first Thursday after the resumption of school term;
(d) For one half of the end of term school holiday periods commencing at 9:00am on the first day of school holiday periods and concluding at 5:00pm in the midpoint Saturday of such holiday periods and for one half of the Christmas school holidays as agreed and if no agreement on a week about basis with the mother to have the first week.
4.
That the Father’s time with the children be suspended on the Mother’s Day weekend from after school Friday to before school Monday provided always that the children shall if not otherwise spending time with the father spend the Father’s Day weekend with the Father from after school Friday to 6.00pm Sunday.
5.
That the Mother be permitted to continue the enrolment of the child K in the Suburb C School and facilitate the child’s continuing attendance at that school pending further order.
6.
That the Mother be permitted to continue the enrolment of the child J at the L School and facilitate the child’s continuing attendance at that school pending further order
7.
That the Mother shall nominate the Father as the primary emergency contact in the event of any emergency relating to the child K in respect of which the Mother is unavailable.
8.
That the mother and father do all things necessary to facilitate the non-resident parent having telephone contact with the children on each alternate day when the children or child is with the other parent between 6.00pm and 7.00pm or at such other time as is agreed in writing such writing to include email or SMS.
9.
For the purposes of facilitating changeovers otherwise and as provided for below the parent who is to commence spending time with the children shall collect the children from the other parent and at the conclusion of that time the children shall be collected by the other parent from the residence of the parent with whom the children are spending time.
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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