FAMILY COURT OF AUSTRALIA
| BLAZE AND ANOR & GRADY AND ANOR | [2015] FamCA 1064 |
| FAMILY LAW – CHILDREN - where the applicants are not the child's "parents" - where the applicants are not related to the child - where the mother and the applicants agreed before the child's birth that the applicants would care for the child - quasi-adoption - where the father was not involved in this decision - where the mother resiled from that agreement - where the mother, the father and the Independent Children’s Lawyer seek orders to have the child transitioned to the mother’s primary care - whether the child's best interests are served by continuing her established attachments to the applicants - whether the child's best interests are served by enhancing her familial attachments and familial connectedness to her parents and siblings - where the child is two years old - principles relating to non-parent applicants - child to live with her mother and spend time with the applicants and spend time with her father. |
| Acts Interpretation Act 1901 (Cth) Evidence Act 1995 (Cth) Family Law Act 1975 (Cth) |
| Aldridge v Keaton (2009) FLC 93-421 Beckwith v The Queen (1976) 135 CLR 569 Champness & Hanson (2009) FLC 93-407 CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 Cox & Pedrana (2013) FLC 93-537 Donnell & Dovey (2010) FLC 93-428 Goode & Goode (2006) FLC 93-286 Hall & Hall (1979) FLC 90-713 Hort & Verran (2009) FLC 93-418 M v M (1988) 166 CLR 69 Maldera v Orbel (2014) FLC 93-602 Marsden & Winch (No 3) [2007] FamCA 1364 Mills v Meeking (1990) 169 CLR 214 MRR v GR (2010) 240 CLR 461 Mulvany & Lane (2009) FLC 93-404 Potts & Bims [2007] FamCA 394 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Re Evelyn (No 2) (1998) 23 Fam LR 73 Rice v Miller (1993) FLC 92-415 Sanders & Sanders (1976) FLC 90-078 Sayer v Radcliffe and Anor (2012) 48 Fam LR 298 SCVG & KLD (2014) FLC 93-582 The Commonwealth v Baume (1905) 2 CLR 405 Transport Accident Commission v Treloar (1991) 14 MVR 289 Yamada & Cain [2013] FamCAFC 64 |
| APPLICANTS: | Ms Blaze and Ms Darnley |
| RESPONDENT: | Ms Grady |
| INTERVENER: | Mr Harper |
| INDEPENDENT CHILDREN’S LAWYER: | Ms Jennifer Boulton |
| FILE NUMBER: | BRC | 2313 | of | 2014 |
| DATE DELIVERED: | 30 November 2015 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | Kent J |
| HEARING DATE: | 19 to 23 October 2015 and 26 to 27 October 2015 |
REPRESENTATION
| COUNSEL FOR THE APPLICANTS: | Ms Cullen |
| SOLICITOR FOR THE APPLICANTS: | Porta Lawyers |
| COUNSEL FOR THE RESPONDENT: | Ms Galvin |
| SOLICITOR FOR THE RESPONDENT: | Journey Family Lawyers |
| COUNSEL FOR THE INTERVENER: | Ms McDiarmid |
| SOLICITOR FOR THE INTERVENER: | Delaney & Delaney |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: | Mr Cameron |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Jennifer Boulton, Solicitor |
Orders
it is ordered that:
The Mother and the Father shall have equal shared parental responsibility for the child, B born on … 2013.
For the…
Continue reading Blaze v Grady
Sign in free to access the full text
- AGLC
- Blaze v Grady [2015] FamCA 1064
- Case
- [2015] FamCA 1064
- Decision Date
CaseChat Overview and Summary
The court was required to determine the specific terms of shared parental responsibility and the detailed schedule for the child to live with and spend time with the Mother and the Father. This included establishing a transitional period for the child to move to live with the Mother, outlining specific arrangements for time with the Father during this transition, and setting out the post-transition living and contact arrangements. The court also addressed specific issues such as communication between parents, passport applications, overseas travel, and the registration of the child's name and surname.
Kent J made orders establishing equal shared parental responsibility for the child. The orders detailed a phased transition period for the child to commence living with the Mother, with specific arrangements for time with the Applicants and the Father during this transition. Following the transition period, the child was to live with the Mother, with defined periods of time spent with the Father and the Applicants, including provisions for school holidays and special occasions. The orders also included specific directions regarding communication between the parents, passport applications, overseas travel, and the registration of the child's name and surname, including a change of surname.
Orders
Orders of the court
it is ordered that:
1.
The Mother and the Father shall have equal shared parental responsibility for the child, B born on … 2013.
2.
For the purposes of the child transitioning to live with the Mother, the child shall live with the Mother and the Applicants as follows with all handovers to occur at the Suburb C Shopping Centre, unless otherwise agreed in writing:
With The Mother:
(a) for the first four (4) weeks commencing from Monday 30 November 2015 (“the First Transition Period”):
(i) from 9.00 am Wednesday until 5.00 pm Wednesday in each
week; and
(ii) from 5.00 pm Friday until 5.00 pm Sunday in each week.
(b) from the end of the First Transition Period and for the next four (4) week period (“the Second Transition Period”):
(i) from 9.00 am Wednesday until 5.00 pm Thursday in each week;
and
(ii) from 5.00 pm Friday until 5.00 pm Sunday in each week.
(c) from the end of the Second Transition Period and for the next four (4) week period (“the Third Transition Period”) from 9.00 am Wednesday until 5.00 pm Sunday in each week.
With The Applicants:
(d) at all other times when the child is not living with the Mother in accordance with subparagraphs (a) – (c) inclusive herein.
3.
From the end of the Third Transition Period and for the next eight (8) week period (“the Fourth Transition Period”) the child shall:
(a) spend time with the Applicants from 5.00 pm Friday until 5.00 pm Sunday in each alternate weekend; and
(b) live with the Mother at all other times.
4.
During the First, Second, Third and Fourth Transition Periods the child shall spend time with the Father at all such times as may be agreed between the Mother and the Father provided that such “time” does not coincide with the time that the child would otherwise be in the care of the Applicants pursuant to these Orders.
5.
On and from the conclusion of the Fourth Transition Period the child shall live with the Mother.
6.
From the end of the Fourth Transition Period and until the child commences school, the child shall spend time with the Applicants from 5.00 pm Friday until 5.00 pm Sunday on the fourth weekend of each block of four (4) weeks (“the Applicants’ Weekend”) with changeover to occur at the Suburb C Shopping Centre (unless otherwise agreed to by the parties in writing), with such weekend time to alternate between the weekends the child would otherwise be spending with the Mother and the weekends that she would otherwise be spending time with the Father in accordance with these Orders.
7.
From when the child commences school, the child shall spend time with the Applicants from after school Friday until 5.00 pm Sunday on the fourth weekend of each four (4) week period (“the Applicants’ Weekend”) with the Applicants to collect the child from her school on the Friday and with changeover on the Sunday at the Suburb C Shopping Centre (unless otherwise agreed to by the parties in writing) with such weekend time to alternate between the weekends the child would otherwise be spending with the Mother and the weekends that she would otherwise be spending time with the Father in accordance with these Orders.
8.
From the end of the Fourth Transition Period and until the child commences school the child shall spend time with the Father at all such times as may be agreed between the Mother and the Father (provided that such “time” does not coincide with the Applicant’s Weekend) but failing agreement as follows:
(a) from 4.00 pm Tuesday until 7.30 am Wednesday in each week;
(b) each alternative weekend, from 5:00 pm Friday until 7:30 am Monday; and
(c) for a period of no more than seven (7) days in a row, up to four (4) times per calendar year, with the Father to nominate this time by giving the Mother no less than sixty (60) days’ notice in writing.
9.
From when the child commences school, the child shall spend time with the Father at all such times as may be agreed to between the Mother and the Father (provided that such “time” does not coincide with the Applicant’s Weekend) but failing agreement as follows:
(a) from after school Tuesday until before school Wednesday in each week;
(b) from after school Thursday until before school Friday in each week;
(c) each alternative weekend, from after school Friday until before school Monday; and
(d) for a period of no more than fourteen (14) days in a row, up to three (3) times per calendar year or half of the child's gazetted school holidays with the Father to nominate this time by giving the Mother and the Applicants no less than sixty (60) days’ notice in writing.
10.
In the event that Easter Thursday to Easter Monday inclusive, Mother’s Day, the Mother’s birthday, the child’s birthday, Father’s Day, the Father’s birthday, Christmas Eve, Christmas Day, Boxing Day, New Year’s Eve and New Year’s Day fall during the Applicants’ Weekend, then the Applicant’s time pursuant to these Orders is suspended on those days only and the child shall be returned to the parent with whom the child is otherwise to live or spend time with pursuant to these Orders.
Special Occasions
11.
That on the child’s birthday, the child shall spend time with the parent who does not have their care on that day, with such time to be as agreed between the Mother and Father in writing at least seven (7) days prior, or failing agreement, from after day care/school until 7:30 pm if the birthday falls on a day care/school day or from 12:00 pm to 5:00 pm if the child’s birthday does not fall on a day care/school day. The parent not having the care of the child on that day is responsible for collecting the child from the other parent’s residence or day care/school at the commencement of the birthday time and returning the child to the other parent’s residence at the conclusion of the birthday time.
12.
In the event that the Mother’s birthday falls on a day when the child is not in the Mother’s care, the child shall spend time with the Mother with such time to be agreed between the Mother and Father in writing at least seven (7) days prior, or failing agreement, from after day care/school until 7:30 pm if the birthday falls on a day care/school day or from 12:00 pm to 5:00 pm if the Mother’s birthday does not fall on a day care/school day. The Mother is responsible for collecting the child at the commencement of her birthday time from the Father’s residence or day care/school and responsible for returning the child to the Father’s residence at the conclusion of her birthday time.
13.
In the event that the Father’s birthday falls on a day when the child is not in the Father’s care, the child shall spend time with the Father with such time to be agreed between the Mother and Father in writing at least seven (7) days prior, or failing agreement, from after day care/school until 7:30 pm if the birthday falls on a day care/school day or from 12:00 pm to 5:00 pm if the Father’s birthday does not fall on a day care/school day. The Father is responsible for collecting the child at the commencement of his birthday time from the Mother’s residence or day care/school and responsible for returning the child to the Mother’s residence at the conclusion of his birthday time.
14.
In the event that Mother’s Day falls on a weekend when the child is not in the Mother’s care, the child shall spend time with the Mother from 9:00 am to 5:00 pm.
15.
In the event that Father’s Day falls on a weekend when the child is not in the Father’s care, the child shall spend time with the Father from 9:00 am to 5:00 pm.
16.
For Easter, as follows:
(a) in 2016 and each alternate year thereafter, the child shall spend time with the Father from 4:00 pm on the Thursday prior to Good Friday until 5:30 pm on Easter Monday; and
(b) in 2017 and each alternate year thereafter, the child shall spend time with the Mother from 4:00 pm on the Thursday prior to Good Friday until 5:30 pm Easter Monday.
17.
For Christmas, as follows:
(a) in 2015 and each alternate year thereafter, the child shall spend time with the Mother from 12:00 noon Christmas Eve until 12:00 noon Christmas Day and with the Father from 12:00 noon on Christmas Day until 12:00 noon on Boxing Day; and
(b) in 2016 and each alternate year thereafter, the child shall spend time with the Father from 12:00 noon Christmas Eve until 12:00 noon Christmas Day and with the Mother from 12:00 noon on Christmas Day until 12:00 noon on Boxing Day.
Changeover Location
18.
That in relation to changeover between the Mother and the Father (unless otherwise provided for in these Orders or otherwise agreed):
(a) until the child commences school the Mother will deliver the child to the Father’s residence at the commencement of the child’s time with him and the Father will return the child to the Mother’s residence at the conclusion of the child’s time with him;
(b) once the child commences school:
(i) during the school term the Father will collect the child from her school at the commencement of her spending time with him and return the child to her school at the conclusion of her time with him; and
(ii) on all other occasions when the child is spending time the Father, the Mother will deliver the child to the Father’s residence at the commencement of the child’s time with him and the Father will return the child to the Mother’s residence at the conclusion of the child’s time with him.
19.
That in relation to changeovers involving the Applicants, unless provided for in these Orders, all changeovers will be at Suburb C Shopping Centre unless otherwise agreed to by the parties in writing.
Telephone Communication
20.
That the Mother and the Father be at liberty to telephone, text message and or call the child via Tango/Skype/Facetime when the child is not in their care at all reasonable times.
21.
That the child be at liberty to telephone, text message and or Tango/Skype/Facetime the Applicants, the Mother and the Father at any reasonable time requested by the child and the other party shall do all things necessary to encourage and facilitate such communication.
Passports and Overseas Travel
22.
That upon the request of either the Mother or the Father, the Mother and the Father shall sign any passport application and necessary documentation in order for the child to obtain a passport within fourteen (14) days of the request.
23.
That in the event that the Mother or the Father shall neglect or fail to sign any passport application and necessary documentation in accordance with paragraph (22) hereof, a Registrar of the Family Court of Australia shall sign in lieu thereof any passport application and supporting documentation necessary to allow the child to travel overseas.
24.
That the Mother and the Father agree that in the event that either of them wish to travel overseas with the child, the travelling party will provide to the other party at least twenty-eight (28) days prior to departure, the following:
(a) details of the time and place of departure from Australia and the time and place of arrival on their return to Australia;
(b) copies of documentation and return tickets that evidences when the child will be returning to Australia;
(c) a brief itinerary as to where the child will be travelling and the addresses where the child will be staying when overseas;
(d) contact telephone numbers so that each party has telephone communication with the child whilst they are in the care of the other party at all reasonable times.
Specific Issues Orders
25.
That the parties use text message and email to communicate with respect to the child’s care, welfare and development.
26.
That the Applicants, the Mother and the Father are restrained from criticising, denigrating, demeaning, belittling or ridiculing each other or any member of each party’s family or household in the presence or the hearing of the child and the parties who are present shall forthwith remove the child from the presence of any person who is doing so.
27.
That the Applicants, the Mother and the Father advise each other in writing of any changes to their residential address, landline telephone number and mobile number within forty-eight (48) hours of such change occurring.
28.
That the Mother and the Father keep each other advised in writing of the activities, playgroups, extra-curricular activities, medical practitioners or other professionals that the child attends and advise within forty eight (48) hours of any change to those details.
29.
That the Mother and the Father be at liberty to attend the child’s school and extra-curricular events and activities and to contact the child’s school and teachers to ascertain how the child is progressing. These Orders authorise the child’s school and relevant educational institutions to provide a copy of the child’s reports, school notices, newsletters, school photographs and any other information concerning the child to the Mother and Father.
30.
That the Applicants, the Mother and the Father advise each other as soon as practicable of any emergency involving the child and providing details including the name of the treating doctor, hospital and relevant contact numbers.
31.
That the Mother and the Father be at liberty to contact all of the medical practitioners treating the child from time to time and these Orders authorise the child’s medical practitioners to provide information or reports concerning the child to the Mother and the Father.
32.
Within twenty-eight (28) days of the date of these Orders the Applicants, the Mother and the Father do all things reasonable and necessary and sign all documents to ensure that the Father’s name is recorded on the child’s Birth Certificate as her father.
33.
The Mother and the Father are permitted to register the name, “N”, in the child’s name with the Registrar-General for the State of Queensland, provided that the name, “N”, is incorporated as one of the child’s middle names and the Mother and the Father are hereby restrained from registering the name “B-N” as the child’s name with the Registrar-General for the State of Queensland.
34.
The Mother and the Father are permitted to change the child’s surname from “Darnley-Blaze” to “Harper-Grady” and to register that name as the child’s surname with the Registrar-General for the State of Queensland.
35.
The Applicants, the Mother and the Father shall within twenty-eight (28) days of the date of these Orders enrol in a parenting orders program and thereafter complete such program and follow any recommendations or referrals made by the facilitator of the said program.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.