BELGER & DELBERT

[2020] FCCA 3203

FEDERAL CIRCUIT COURT OF AUSTRALIA

BELGER & DELBERT [2020] FCCA 3203

Catchwords:
FAMILY LAW – Parenting – best interests of the child – Orders made.

Legislation:

Family Law Act 1975 (Cth), s 60CC

Cases cited:

Knight & Knight [2016] FamCA 1085

Lansa & Clovelly [2010] FamCA 80

Applicant: MR BELGER

Respondent: MS DELBERT

File Number: PAC 5958 of 2017

Judgment of: Judge Newbrun

Hearing dates: 26 and 27 August 2020

Date of Last Submission: 27 August 2020

Delivered at: Parramatta

Delivered on: 24 November 2020

REPRESENTATION

The Applicant appeared in person

Counsel for the Respondent: Mr Simpson of Counsel

Counsel for the Independent Children’s Lawyer	Ms Rebehy of Counsel
Solicitors for the Independent Children’s Lawyer	Claremont Legal

ORDERS

1. That all previous orders in relation to the child X born in 2011 (“X”) be discharged.

2. That the Mother’s application to relocate the child’s residence from the B Region to the C Region area of Sydney be dismissed.

3. That the parents have equal shared parental responsibility in relation to X.

4. That X live with the Mother.

5. That X spend time with the Father as follows:

   (a)Every second weekend from the conclusion of school Friday, or 3PM if Friday is a non-school day, until the commencement of school Tuesday, or 10 AM if Tuesday is a non-school day;

   (b)In the intervening week, from Monday after school, or 3 PM if Monday is a non-school day, to Tuesday before school, or 10 AM if Tuesday is a non-school day;

   (c)For one half of each school holiday period as agreed and failing agreement as follows;

   (i)For the first half in odd numbered years commencing at the conclusion of the last day of school and concluding at 5pm half way thereafter;

   (ii)For the second half in even numbered years commencing at 5pm half way through the school holiday period and concluding at 5pm the day before school term resumes.

   (d)From 9am Christmas Day to 2pm Christmas Day each year;

   (e)During New Year as agreed and failing agreement as follows;

   (i)From 9am New Year’s Eve until 9am New Year’s Day 2020/2021 and each alternate year thereafter;

   (ii)From 9am New Year’s Day until 9am 2 January 2021/2022 and each alternate year thereafter.

   (f)During Easter as agreed and failing agreement as follows;

   (i)From 2pm Easter Sunday to 5pm Easter Tuesday in even numbered years;

   (ii)From 2pm Easter Thursday to 2pm Easter Sunday in odd numbered years.

   (g)From 9am until 6pm on Father’s Day;

   (h)Telephone communication between 6pm and 7pm each Wednesday;

   (i)At any other times as agreed between the parents.

6. That X’s time with the Father as otherwise provided shall be suspended as follows;

   (a)For one half of the school holiday period as agreed and failing agreement as follows;

   (i)For the first half in even numbered years commencing at the conclusion of the last day of school and concluding at 5pm half way thereafter;

   (ii)For the second half in odd numbered years commencing at 5pm half way through the school holiday period and concluding at 5pm the day before…