Brice and Brice

[2014] FamCA 1008

FAMILY COURT OF AUSTRALIA

BRICE & BRICE [2014] FamCA 1008

FAMILY LAW – CHILDREN – With Whom a Child Lives and Spends Time – Where there are current orders in place which provide that the children live with the mother and spend time with the father – Where current orders provide that the mother have sole parental responsibility – Where father seeking to substantially change existing orders – Where father proposes the children live with him in Europe and that the children relocate to there – Where father provides for time regimes with the mother in the event she relocates as well or if she does not – Where Court considered as a preliminary matter, whether or not there was sufficient change of circumstances to justify re-litigation – Where father has resided in Europe for some three and a half years – Where Court noted the father sought to relocate to Europe with the children during proceedings of the current orders in place – Where Court not persuaded that there is sufficient change in circumstance, nor that in totality the changed circumstances in this case were sufficient to justify re-litigation and noted such would not be in the children’s best interests.

Family Law Act 1975 (Cth), Division 12A

Gotch & Gotch [2009] FamCAFC 3
Norsic & Norsic [2013] FamCA 98
Rice v Asplund (1979) FLC 90-725

APPLICANT: Mr Brice

RESPONDENT: Ms Brice

FILE NUMBER: CSC 329 of 2007

DATE DELIVERED: 20 October 2014

PLACE DELIVERED: Cairns

PLACE HEARD: Cairns

JUDGMENT OF: Tree J

HEARING DATE: 20 October 2014

REPRESENTATION

THE APPLICANT: In person

THE RESPONDENT: In person

Orders

1. The father’s initiating application filed 5 June 2014 be dismissed.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Brice & Brice has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT CAIRNS

FILE NUMBER: CSC 329 of 2007

Mr Brice

Applicant

And

Ms Brice

Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. By his initiating application filed 5 June 2014, the father seeks to disturb orders which have been in place in relation to the two children the subject of these proceedings, since they were made by the then Federal Magistrates Coates on 6 July 2007.  Pursuant to those orders made in July 2007, the mother was granted sole parental responsibility over the two children (C aged 14 and D aged 13) and their older brother, B, who is shortly to turn 18 years of age and is not the subject of this application.  Additionally under the orders, all the children were to live with her and the father was, pursuant to order 7, permitted to spend time with the children in accordance with the detailed arrangements contained within that order.  At the time of the proceedings before Coates FM (as his Honour then was) both parties were living in Australia. 

2. By his Initiating Application filed in June, the father seeks to do substantial violence…