BELL & BELL

[2006] FMCAfam 692

FEDERAL MAGISTRATES COURT OF AUSTRALIA

BELL & BELL [2006] FMCAfam 692

FAMILY LAW – Equal shared parental responsibility – 50/50 arrangement.

Family Law Act 1975, Part VII, Division 6, ss.60CA, 61DA(1), 61DA(2), 61DA(4), 65AA, 65B(i), 65DAA(2)

T&N [2001] FMCAfam 222
Goode & Goode [2006] FAMCA 1346

Applicant: MR BELL

Respondent: MS BELL

File number: BRM 9532 of 2005

Judgment of: Burnett FM

Hearing date: 13 December 2006

Date of last submission: 13 December 2006

Delivered at: Brisbane

Delivered on: 21 December 2006

REPRESENTATION

Counsel for the Applicant: Mr Jordan

Solicitors for the Applicant: Emerson Black Lawyers

Counsel for the Respondent: Dr Kellie

Solicitors for the Respondent: Walker Pender Solicitors

ORDERS

1. That the parties submit a minute of order giving effect to the rulings in this judgment and that such draft be submitted to the Court within fourteen (14) days of today’s date.

IT IS NOTED that publication of this judgment under the pseudonym Bell & Bell is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
BRISBANE

BRM 9532 of 2005

MR BELL

Applicant

And

MS BELL

Respondent

REASONS FOR JUDGMENT

Introduction

1. In this application, MR BELL (the applicant) seeks final parenting orders in respect of the children to his marriage with MS BELL (the respondent) in respect of the children of their marriage [T] born in April 2000, [H] born in November 2001 and [N] born in September 2005 (the children). 

Relief claimed by Applicant

1. The orders sought by the applicant are particularised in paragraphs 1 to 13 of the amended application filed 24 November 2006.  In broad terms, the applicant seeks orders that the children live with him.  The contact orders proposed by the applicant would see the respondent enjoy contact from after school on Thursday to before school on Monday of each alternat week and after school on Thursday to before school on Friday of every other week.  He also seeks orders that he and the respondent have equal shared parental responsibility for the children, and orders concerning the time the children should spend with the respondent in default of any agreement between them concerning that matter.  There are incidental orders sought concerning other matters relevant to the children particularly including school holidays, birthdays and special days and the provision of information.

2. The respondent also seeks orders.  In broad terms, the orders sought by the respondent constitute her proposal concerning the joint parenting of the children.  They are that the children live with the applicant and respondent respectively in alternate weeks with handover to take place each Wednesday; equal shared parental responsibility (although I note this to have been expressed in her case outline as “joint and equal” which I take to mean the same thing); and incidental orders particularly including school holidays, special days and the provision of information.

3. In broad terms the parties are in dispute on the issue of where the children live.  The applicant seeks orders directing the children live with him subject to…