BRINKLEY & NOLAND

[2019] FCCA 684

FEDERAL CIRCUIT COURT OF AUSTRALIA

BRINKLEY & NOLAND [2019] FCCA 684

Catchwords:
FAMILY LAW – Equal shared parental responsibility – living arrangements – time spent with both parents – best interests of the child – children’s relationship with both parents – mother has concerns about father’s interest in the children’s mental health – schooling – which school should the children attend.

Legislation:

Family Law Act 1975 (Cth), ss.60CC, 61DA, 65DAA.

Cases cited:

MRR v GR [2010] HCA 4
Beard & McCarthy [2009] FamCA 737

Applicant: MR BRINKLEY

Respondent: MS NOLAND

File Number: MLC 8656 of 2018

Judgment of: Judge McNab

Hearing date: 20 February 2019

Date of Last Submission: 20 February 2019

Delivered at: Melbourne

Delivered on: 21 March 2019

REPRESENTATION

Counsel for the Applicant: Ms Swann

Solicitors for the Applicant: RNG Lawyers

The Respondent: Appearing in person

ORDERS

1. The parents have equal shared parental responsibility for the children (“the children”):

   (a)[X] born … 2010,

   (b)[Y] born … 2011; and

   (c)[Z] born … 2013.

2. The children live week about alternating between each parent with changeover at 6:00pm Sunday.

3. The children remain enrolled and attend Town A Primary School for the duration of their primary school years.

4. The parties be restrained from referring the children to a psychologist or mental health professional without the consent of the other parent.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT MELBOURNE

MLC 8656 of 2018

MR BRINKLEY

Applicant

And

MS NOLAND

Respondent

REASONS FOR JUDGMENT

Introduction:

1. On 31 September 2018 the Applicant father (“father”) filed an initiating application in this court seeking parenting orders. The Respondent mother (“the mother”) is the former partner of the Applicant. The parties have three children (“the children”):

   a)[X]  born … 2010;

   b)[Y]  born … 2011; and

   c)[Z]  born … 2013.

2. The parties lived together in a de facto relationship from … 2008 to 26 April 2016. From 2011 they lived in Town A. In 2018 the mother purchased a house in Town B which is a 30 minute drive from Town A.

3. The children have an older brother [C] born … 2005. [C]’s father is Mr D. [C] attends the Town E School. Town E is around a 20 minute drive from Town B.

4. The children currently spend five nights per fortnight with their father, from Wednesday after school to the commencement of school Monday and reside with the father half of the school holidays. The children spend time with their father in Town A and live with their mother in Town B.

5. The children are currently enrolled at Town A Primary School. They were enrolled at Town A School although, by agreement, the older boys moved to the Town A Primary School in September 2018, with [Z] being enrolled in Town A Primary School in 2019.

6. It is agreed between the parties that the significant issues requiring determination by the court are:

   a)parental…