Canh and Canh (No 2)

[2020] FamCA 941

FAMILY COURT OF AUSTRALIA

CANH & CANH (NO. 2) [2020] FamCA 941

FAMILY LAW – PRACTICE AND PROCEDURE – Stay of orders – Where the father abandoned his application to stay the interim parenting orders – Where the father seeks only a stay of procedural orders concerning single expert witnesses – Where the mother opposes the father’s stay application – Where the father adduced no evidence in his affidavit to support his stay application – Where no reasonable basis to stay the orders – Application dismissed – No order as to costs.

FAMILY LAW – CHILDREN – Where the father seeks expansion of the time the children spend with him on an interim basis – Where there is an inherent inconsistency between the father’s proposal to expand the children’s time with him and the basis of his appeal from the interim parenting orders – Where the mother has already relocated and the parties agreed on the new school the children should attend – Where the father abandoned his application for an order requiring the children to maintain their enrolment at former school – Where the mother opposes expansion of the children’s time with the father – Where the mother seeks an injunction restraining both parties from taking the children to medical providers without the consent of the other – Ordered the children spend additional time with the father – Where the Court declined to make the injunction sought by the mother – No order as to costs.

Family Law Act 1975 (Cth) Pts VIII, s 117

Family Law Rules 2004 (Cth) r 22.09

Cahn & Cahn [2020] FamCA 882
Federal Commissioner of Taxation v Myer Emporium Ltd (No.1) (1986) 160 CLR 220
Jennings Constructions Ltd v Burgundy Royale Investments Pty Ltd (No.1) (1986) 161 CLR 681

APPLICANT: Ms Canh

RESPONDENT: Mr Canh

FILE NUMBER: NCC 2413 of 2016

DATE DELIVERED: 26 October 2020

PLACE DELIVERED: Newcastle

PLACE HEARD: Newcastle

JUDGMENT OF: Austin J

HEARING DATE: 26 October 2020

REPRESENTATION

COUNSEL FOR THE APPLICANT: Not Applicable

SOLICITOR FOR THE APPLICANT: Ms Fielden, Fielden & Associates

COUNSEL FOR THE RESPONDENT: Not Applicable

SOLICITOR FOR THE RESPONDENT: Not Applicable

Orders

1.Order 7(a) made on 15 June 2018 (as amended on 22 September 2020 under the slip rule) is amended so as to provide that the children’s time with the father concludes at 9:00 am on Monday (in lieu of 5:00 pm on Sunday).

2.Otherwise:

a)The Application in a Case filed on 19 October 2020 is dismissed;

b)The Response to an Application in a Case filed on 26 October 2020 is dismissed; and

c)Any and all other outstanding applications for interim relief are dismissed.

3.No order as to costs.

NOTATION

A.None of the orders made on 18 September 2020 are stayed pending determination of Appeal Number EAA…/2020.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Canh & Canh has…