FEDERAL CIRCUIT COURT OF AUSTRALIA
| BEAUCHAMP & BEAUCHAMP | [2019] FCCA 1289 |
| Catchwords: FAMILY LAW – Parenting application brought by the Father resisted by the Mother on the basis of the rule in Rice & Asplund – claim by Father that he is no longer able to afford to pay private school fees but in circumstances where he infers that if the children spent more regular time with him he would be able to contribute to the private school fees – the Mother also sought to amend the final Orders – either Rice & Asplund applies to both applications or to neither of them – the Mother cannot rely upon that Rule to thwart the Father yet herself seek to change the final Orders. |
| Legislation: Family Law Act 1975 (Cth) |
| Cases cited: Carriel v Lendrum (2015) 53 Fam LR 157; (2015) FLC ¶93-640 Rice & Asplund (1978) 6 Fam LR 570; (1979) FLC ¶90-725 SPS & PLS (2008) 217 FLR 164; (2008) FLC ¶93–363; (2009) 39 Fam LR 295 |
| Applicant: | MR BEAUCHAMP |
| Respondent: | MS BEAUCHAMP |
| File Number: | CAC 1901 of 2009 |
| Judgment of: | Judge Neville |
| Hearing date: | 27 November 2018 |
| Date of Last Submission: | 12 December 2018 |
| Delivered at: | Canberra |
| Delivered on: | 31 May 2019 |
REPRESENTATION
| Solicitors for the Applicant: | Self-Represented |
| Solicitors for the Respondent: | Watts McCray Lawyers, Canberra |
ORDERS
THE COURT NOTES THAT:
(A)Both parties separately sought Orders as reflected in Order 1 below regarding [X]; accordingly,
ON A FINAL BASIS, THE COURT ORDERS THAT:
(1)By consent, the child, [X] (born: … 2004), is to spend time with the Applicant Father in accordance with her wishes.
(2)Each party is restrained from discussing these proceedings with or in the presence of the children, and shall take all reasonable steps to ensure that no other person does so.
(3)These parenting Orders are to be notified to the Child Support Agency by both parents.
(4)There be no Order as to costs.
(5)All extant Applications be dismissed and the matter finalised and removed immediately from the docket.
IT IS NOTED that publication of this judgment under the pseudonym Beauchamp & Beauchamp is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT CANBERRA |
CAC 1901 of 2009
| MR BEAUCHAMP |
Applicant
And
| MS BEAUCHAMP |
Respondent
REASONS FOR JUDGMENT
Introduction
For present purposes, the following basic facts will suffice concerning the long-standing litigious contests between the parties regarding parenting matters concerning their two children. The two children in question are [X] (who turns 15 in … of this year), and [Y] (who will turn 13 in …). [Y] has some special needs.
The Father has re-married and has two children from his new relationship, [A] (aged 8) and [B] (aged 4 or thereabouts).…
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- AGLC
- BEAUCHAMP & BEAUCHAMP [2019] FCCA 1289
- Case
- [2019] FCCA 1289
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was the application of the rule in *Rice & Asplund*. Specifically, the court had to determine whether this rule, which generally prevents a party from seeking to vary final parenting orders unless there has been a significant change in circumstances, applied to both the Father's application regarding school fees and the Mother's application to amend the final orders. The Father argued that the Mother could not rely on the *Rice & Asplund* rule to thwart his application while simultaneously seeking to change the final orders herself.
Judge Neville reasoned that the *Rice & Asplund* rule should be applied consistently to both parties' applications. The court found that the Mother could not invoke the rule to prevent the Father from seeking orders concerning school fees, while at the same time seeking to alter the existing final orders. The court noted that both parties had separately sought orders regarding the child's time with the Father.
By consent, the court ordered that the child, [X], would spend time with the Applicant Father in accordance with her wishes. Further orders were made restraining both parties from discussing the proceedings with or in the presence of the children, and requiring notification of the parenting orders to the Child Support Agency. There was no order as to costs, and all extant applications were dismissed, with the matter finalised.
Orders
Orders of the court
THE COURT NOTES THAT:
(A) Both parties separately sought Orders as reflected in Order 1 below regarding [X]; accordingly,
ON A FINAL BASIS, THE COURT ORDERS THAT:
(1) By consent, the child, [X] (born: … 2004), is to spend time with the Applicant Father in accordance with her wishes.
(2) Each party is restrained from discussing these proceedings with or in the presence of the children, and shall take all reasonable steps to ensure that no other person does so.
(3) These parenting Orders are to be notified to the Child Support Agency by both parents.
(4) There be no Order as to costs.
(5) All extant Applications be dismissed and the matter finalised and removed immediately from the docket.
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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