BACKLAND & SEVILLE

[2015] FCCA 1033

FEDERAL CIRCUIT COURT OF AUSTRALIA

BACKLAND & SEVILLE [2015] FCCA 1033

Catchwords:
FAMILY LAW – Children – parenting orders – best interests of the child – boy aged 5 years presently living with father and spending time with mother three nights each week – parental responsibility – equal shared parental responsibility – whether child should live with mother – whether child should spend more time with mother – whether child should spend equal time with each parent – whether child should spend time with each parent on a week-about basis – whether child should spend substantial and significant time with each parent – where mother has played more of a role in dealing with the child’s educational needs – where child’s time with mother is to increase to slightly more than equal time after six months.

Legislation:

Family Law Act 1975 (Cth), ss.60B, 60CA, 60CC, 61DA, 65DAA

Children (Criminal Proceedings) Act 1987 (NSW), s.33

Cases cited:
Backland & Seville [2013] FCCA 924
Backland & Seville [2014] FCCA 2125

Applicant: MS BACKLAND

Respondent: MR SEVILLE

File Number: SYC 1218 of 2013

Judgment of: Judge Scarlett

Hearing date: 15 April 2015

Date of Last Submission: 15 April 2015

Delivered at: Sydney

Delivered on: 20 April 2015

REPRESENTATION

Counsel for the Applicant: Ms Sloane

Solicitors for the Applicant: Marsdens Law Group

Respondent: In person

ORDERS

1. All earlier parenting Orders are discharged.

2. The Applicant Mother and the Respondent Father are to have equal shared parental responsibility for the child X born (omitted) 2009.

3. From the date of these Orders until Monday 5 October 2015 the child X is to live with the Mother and Father as follows:

   (a)with the Mother from immediately after school each Wednesday afternoon until 5:00pm each Saturday; and

   (b)with the Father from 5:00pm each Saturday until the commencement of school each Wednesday morning.

4. Notwithstanding the provisions of Order (3) above, the child X is to live with the Mother on the following additional days and times:

   (a)from 5:00pm on the Saturday before Mothers’ Day until the commencement of school on the Monday morning immediately after Mothers’ Day;

   (b)from immediately after school on the child’s birthday Monday (omitted) 2015 until the commencement of school the following morning. 

5. For the purposes of Order (3) above, changeover where the child goes from the care of one parent to the other will take place at the child’s school or at the Mother’s residence as the case may be.

6. From and after Tuesday 6 October 2015 the child X is to live with the Mother and Father as follows:

   (a)with the Mother from immediately after school each Tuesday afternoon until 5:00pm each Saturday; and

   (b)with the Father from 5:00pm each Saturday until the commencement of school each Tuesday morning.

7. Notwithstanding the provisions of Order (6) above, the child is to live with the Mother and Father on special days as follows:

   (a)with the Mother from 5:00pm on the Saturday before Mothers’ Day until the commencement of school on the Monday morning immediately after Mothers’ Day;