Buchanan and Gardiner

[2007] FamCA 1661

FAMILY COURT OF AUSTRALIA

BUCHANAN & GARDINER [2007] FamCA 1661

FAMILY LAW – CHILDREN – With whom a child spends time

APPLICANT: Mr Buchanan

RESPONDENT: Ms Gardiner

FILE NUMBER: BRF 5536 of 2002

DATE DELIVERED: 5 September 2007

PLACE DELIVERED: Brisbane

JUDGMENT OF: O'Reilly J

HEARING DATE: 5 September 2007

REPRESENTATION

COUNSEL FOR THE APPLICANT: Applicant appears on his own behalf

SOLICITOR FOR THE APPLICANT:

COUNSEL FOR THE RESPONDENT: Respondent appears on her own behalf

SOLICITOR FOR THE RESPONDENT:
INDEPENDENT CHILDREN'S LAWYER	Ms McArdle

Orders

IT IS ORDERED BY CONSENT UNTIL FURTHER ORDER

1. The parties sign all documents and do all things necessary to ensure that if the enrolment of the child … born on … February 1995 at the E State High School for 2008 is accepted (the acceptance date anticipated to be 22 September 2007) he commence his Grade 8 year in 2008 at that school and remain at that school.

2. If the child’s enrolment application should not be accepted by the E State High School the parties either directly with each other or through the independent children’s lawyer consult and endeavour to come to a joint decision for the child’s secondary school in 2008 and beyond.

3. If despite consultation no joint decision is able to be made the matter be raised on Day 1 of the Division 12A hearing at 10am on 4 December 2007 for urgent judicial decision if possible.

AND IT FURTHER ORDERED

1. The father’s amended application in a case filed on 4 June 2007 (original filed on 1 September 2006) otherwise is dismissed.

2. The matter be listed for Day 1 of a Division 12A hearing at 10am on 4 December 2007.

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

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRF 5536 of 2002

MR BUCHANAN

Applicant

And

MS GARDINER  

Respondent

REASONS FOR JUDGMENT

1. There are two matters for interim decision, namely the time the child … born in February 1995 spends with the father during school terms, and the time the child spends with the father during the 2007/2008 Christmas school holidays.

2. The child is 12½ years.  He will turn 13 years in February 2008.

3. Pursuant to final consent orders made on 16 March 2004, the child lives with the mother and spends time with the father on alternate weekends from 6 pm Friday until before school Monday; on each Wednesday or other agreed week day from 5 pm until 7.15 pm; and for half of the school holiday periods as well as on special days.

4. The mother proposes that the time the child spends with the father during school terms be unchanged and that during the 2007/2008 school holidays the child spend time with the father only during the first and third weeks.

5. The father proposes that during school terms the child spend time with him on the equal time basis in alternate weeks from…