Baldwin & Pantazis

[2021] FedCFamC1F 21

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Baldwin & Pantazis [2021] FedCFamC1F 21 

File number(s):

NCC 2496 of 2017

Judgment of:

CLEARY J

Date of judgment:

7 September 2021

Catchwords:

FAMILY LAW – CHILDREN – Rice & Asplund – where final parenting orders were made in October 2020 – where mother contends that her change of residence is sufficient to satisfy the Rice & Asplund threshold – where father seeks that the mother’s application be dismissed – change in circumstances ruled insufficient to satisfy the Rice & Asplund principle – application dismissed .

Legislation:

Family Law Act 1975 (Cth)

Cases cited:

Baldwin & Pantazis [2020] FamCA 918

Defrey & Radnor (No 2) [2021] FamCAFC 139

Rice & Asplund (1979) FLC 90-725

Zabaneh & Zabaneh (1986) FLC 91-766

Division:

Division 1 First Instance

Number of paragraphs:

79

Date of hearing:

23 August 2021

Counsel for the Applicant:

Mr Richardson SC

Solicitor for the Applicant:

Mills Oakley Lawyers

Counsel for the Respondent:

Ms Christie SC

Solicitor for the Respondent:

Waller Family Lawyers

ORDERS

NCC 2496 of 2017

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS PANTAZIS

Applicant

AND:

MR BALDWIN

Respondent

ORDER MADE BY:	CLEARY J
DATE OF ORDER:	7 SEPTEMBER 2021

THE COURT ORDERS THAT:

1.The Amended Initiating Application of the mother filed 2 August 2021 is dismissed.

2.The Amended Response of the father filed 2 August 2021 is dismissed.

3.The procedural hearing before the registrar on Wednesday 22 September 2021 at 9.30 am is vacated.

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).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish 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 the pseudonym Baldwin & Pantazis is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

Cleary J

1. This is an application by Ms Pantazis (“the mother”) to vary final orders in the context of a dispute over whether or not circumstances have changed sufficiently to justify a further inquiry into parenting arrangements for one subject child.

2. The respondent, Mr Baldwin (“the father”), opposes the application going forward.

3. Senior Counsel for both parties made brief submissions on what interim orders, if any, should be made in the event the Court considered that a further inquiry was justified.

   HISTORY OF THE PROCEEDINGS

4. On 30 October 2020, final orders (“the 2020 orders”) were made with respect to parenting arrangements for one child, X, now aged six years.  The…