FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Calcott & Arnis (No 3) [2023] FedCFamC2F 1715
File number(s): PAC 1087 of 2015 Judgment of: JUDGE STREET Date of judgment: 20 December 2023 Catchwords: FAMILY LAW – PARENTING – costs orders – parent died – no order as to costs Legislation: Australian Passports Act 2005 (Cth)
Family Law Act 1975 (Cth)
Division: Division 2 Family Law Number of paragraphs: 24 Date of hearing: 20 December 2023 Place: Sydney Counsel for the First Respondent: Ms Saw Solicitor for the First Respondent: SCB Legal Counsel for the Second Respondent: Ms McConaghy Solicitor for the Second Respondent: Christina Lam & Associates Counsel for the Independent Children’s Lawyer: Mr Brickwood Independent Children’s Lawyer: Shedden & Associates ORDERS
PAC 1087 of 2015 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: AND: MR ARNIS
First Respondent
MS B CALCOTT
Second Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE STREET
DATE OF ORDER:
20 DECEMBER 2023
BY CONSENT AND ON A FINAL BASIS, THE COURT ORDERS THAT:
1.That all prior parenting orders be discharged.
Parental Responsibility
2.That the Second Respondent, Ms B Calcott have sole parental responsibility for the children, X, born 2009, and Y, born 2012 (‘the children’).
Live with
3.The children are to live with the Second Respondent.
Spend time with
4.That the children may spend time with the First Respondent in accordance with their wishes and as arranged with the Second Respondent.
Communication
5.The children shall communicate with the father in accordance with their wishes.
6.The First Respondent and Second Respondent shall communicate via the telephone application ‘AppClose’ only.
Restraints
7.That each party is restrained from:
(a)Denigrating the other parent, or the late Ms Calcott, or Ms B Calcott or Mr E or a member of the party’s household to or in the presence or hearing of the children, including via social media;
(b)Discussing the family law dispute and showing the children any court documents, correspondence between their lawyers, and other documents relating to or associated with these proceedings, save and except to allow the Second Respondent to communicate the nature and effect of these Orders to the children.
(c)Conveying messages through the children and or using the children as a go-between to convey messages to each other;
(d)Exposing the children to violence including physical or verbal threats or intimidation, whether such threats or intimidation or violence be directed at the children, the Second Respondent, the First Respondent or any other member of either party’s household.
General
8.That the parties keep each other informed of their current telephone number and email address, with them to advise the other party within forty-eight (48) hours of their email address or telephone number.
9.That the First Respondent be at liberty to send cards and presents to the children by post on their birthdays and at Christmas.
Passports
10.That the Second Respondent, Ms B Calcott be permitted to obtain Australian Passports for the children and she be permitted pursuant to section 11 of the
Continue reading Calcott & Arnis (No 3)
Sign in free to access the full text
- AGLC
- Calcott & Arnis (No 3) [2023] FedCFamC2F 1715
- Case
- [2023] FedCFamC2F 1715
- Decision Date
CaseChat Overview and Summary
The court addressed these issues by granting sole parental responsibility to the mother, Ms B Calcott, and establishing that the children would live with her. The father, Mr Arnis, was allowed to spend time with the children according to their wishes and as arranged by the mother. Communication between the children and the father was left to the discretion of the children themselves, with specific instructions that communication between the parents must occur through a designated application. The court also imposed several restraints to protect the children from harmful interactions, including prohibitions on denigration, discussing the family law dispute, and using the children to convey messages or expose them to violence. Additionally, the court ordered that the mother could obtain and maintain Australian passports for the children without the father’s consent.
The court further ruled that the father could attend school functions and events if invited by the children in writing. All other pending applications were withdrawn and dismissed. The Independent Children’s Lawyer was tasked with explaining the orders to the children. The court granted leave for the father’s legal representatives to withdraw and declined to make any costs orders in favour of the Independent Children’s Lawyer or the mother. This decision reflects a comprehensive approach to balancing the children’s best interests with the parents' rights and responsibilities in a sensitive and structured manner.
Orders
Orders of the court
PAC 1087 of 2015
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
AND:
MR ARNIS
First Respondent
MS B CALCOTT
Second Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE STREET
DATE OF ORDER:
20 DECEMBER 2023
BY CONSENT AND ON A FINAL BASIS, THE COURT ORDERS THAT:
1. That all prior parenting orders be discharged.
Parental Responsibility
2. That the Second Respondent, Ms B Calcott have sole parental responsibility for the children, X, born 2009, and Y, born 2012 (‘the children’).
Live with
3. The children are to live with the Second Respondent.
Spend time with
4. That the children may spend time with the First Respondent in accordance with their wishes and as arranged with the Second Respondent.
Communication
5. The children shall communicate with the father in accordance with their wishes.
6. The First Respondent and Second Respondent shall communicate via the telephone application ‘AppClose’ only.
Restraints
7. That each party is restrained from:
(a) Denigrating the other parent, or the late Ms Calcott, or Ms B Calcott or Mr E or a member of the party’s household to or in the presence or hearing of the children, including via social media;
(b) Discussing the family law dispute and showing the children any court documents, correspondence between their lawyers, and other documents relating to or associated with these proceedings, save and except to allow the Second Respondent to communicate the nature and effect of these Orders to the children.
(c) Conveying messages through the children and or using the children as a go-between to convey messages to each other;
(d) Exposing the children to violence including physical or verbal threats or intimidation, whether such threats or intimidation or violence be directed at the children, the Second Respondent, the First Respondent or any other member of either party’s household.
General
8. That the parties keep each other informed of their current telephone number and email address, with them to advise the other party within forty-eight (48) hours of their email address or telephone number.
9. That the First Respondent be at liberty to send cards and presents to the children by post on their birthdays and at Christmas.
Passports
10. That the Second Respondent, Ms B Calcott be permitted to obtain Australian Passports for the children and she be permitted pursuant to section 11 of the Australian Passports Act 2005 (Cth) to do all acts and things and sign all documents necessary to apply for and maintain current Australian passports with respect to the children without the father’s consent.
11. That the Second Respondent shall retain the children’s passport.
12. For the purposes of section 65Y of the Family Law Act 1975 (Cth), the second respondent is permitted to take or send the children X, born 2009, and Y, born 2012 from the Commonwealth of Australia.
13. For the purpose of s11(1)(b)(i) of the Australian Passports Act 2005 (Cth), the children X, born 2009, and Y, born 2012 are permitted to have an Australian Passport, and the father’s consent to the children having an Australian Passport is not required.
14. The Second Respondent is permitted to apply for and renew an Australian Passport for the children X, born 2009, and Y, born 2012 at the expense of the Second Respondent.
Other
15. That the First Respondent, subject to the children’s wishes and their written invitation, is at liberty to attend school functions to which parents are invited and attend sporting, school, or extra-curricular events that the children participates in including their sporting events including his sporting games and training.
16. That all outstanding parenting applications as between the parties be hereby withdrawn and dismissed.
17. That the Independent Children’s Lawyer will meet with the child to explain these Orders within 14 days from the date of these Orders and thereafter shall be discharged.
18. That pursuant to s.62B of the Family Law Act 1975 (Cth), information about the family counselling services, family dispute resolution services and other courses, programs and services available, is set out in the Fact Sheet attached hereto.
19. That pursuant to Sections 62B and 65DA of the Family Law Act 1975 (Cth) the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist the parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these Orders.
THE COURT ORDERS THAT:
20. Leave is granted to the solicitors and counsel for the first respondent to withdraw from the proceedings.
21. The Court declines to make a costs order in favour of the ICL.
22. The Court declines to make a costs order in favour of the second respondent.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
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.