BIRRI & VASCO

[2018] FCCA 2484

FEDERAL CIRCUIT COURT OF AUSTRALIA

BIRRI & VASCO [2018] FCCA 2484

Catchwords:
FAMILY LAW – Parenting – consideration of the principles of Rice & Asplund.

Legislation:

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

Cases cited:

DL & W [2012] FamCAFC 5
Goode v Goode [2006] FamCA 1346
In the Marriage of Bennett (1990) 14 Fam LR 397
In the Marriage of Langham (1981) FLC 91-014.
In the Marriage of McEnearney [1980] FLC 90-866
In the Marriage of Rice and Asplund (1978) 6 Fam LR 570
King & Finneran [2001] FamCA 344
Marsden & Winch [2009] FamCAFC 152
Re F: Litigants in Person Guidelines (2001) FLC 93-072
Searson& Searson [2017] FamCAFC 119

Saad & Saad (1993) FLC 92-332

Applicant: MS BIRRI

Respondent: MR VASCO

File Number: MLC 8574 of 2008

Judgment of: Judge Williams

Hearing date: 13 August 2018

Date of Last Submission: 13 August 2018

Delivered at: Melbourne

Delivered on: 7 September 2018

REPRESENTATION

The Applicant appeared in person

The Respondent.	appeared in person
Counsel for the Independent Children’s Lawyer:		Mr Mark Finn

Solicitors for the Independent Children’s Lawyer: Clark Family Lawyers

ORDERS

1. The Initiating Application of the mother filed on 23 February 2018, and Amended Initiating Applications filed on 4 June 2018, 26 June 2018, 7 August 2018 and 13 August 2018 in proceeding MLC 8574 of 2008 are dismissed.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT MELBOURNE

MLC 8574 of 2008

MS BIRRI

Applicant

And

MR VASCO

Respondent

REASONS FOR JUDGMENT

Introduction and procedural history

1. The applicant, Ms Birri, and the respondent, Mr Vasco, are the parents of the child, [X] born 2003 (“[X]”). [X] is aged 15 years and 5 months.

2. Final parenting orders in relation to [X] were made by Judge Riethmuller on 29 November 2017. Paragraph 1 of the November 2017 orders provides that the orders of 5 October 2015, and paragraph 3 of the orders dated 13 September 2017 remain in full force and effect.

3. Additionally, paragraph 5 of the November 2017 orders provide:

   The mother spend time with the child at such times as agreed between the child and the mother.

4. In summary, the orders made by Judge Small by consent on 5 October 2015 provide that:

   a)the father have sole parental responsibility for educational decisions pertaining to [X], and otherwise, the parents have joint parental responsibility;

   b)[X] live with the father, and spend each alternate weekend with the mother, and limited special occasions;

   c)specified changeover venue;

   d)telephone time for each parent;

   e)notification by each parent to the other of:

   i)any urgent medical attention required by [X];

   ii)the child’s treating medical practitioners.

   f)mutual restraints on the parties as follows:

   i)discussing the proceedings, parenting issues or disputes in the presence of the child;

   ii)denigrating the other parent;

   iii)passing messages through the child;

   iv)unreasonably questioning the child about the other parent or the other parent’s…