FEDERAL CIRCUIT COURT OF AUSTRALIA
| CARLTON & LARRY | [2014] FCCA 94 |
| Catchwords: FAMILY LAW – Children – father seeks equal time – mother opposes equal time – involvement of Child Protection and police – parties blame each other – shared care not recommended by forensic psychologist – parental responsibility. |
| Legislation: Family Law Act 1975, ss.60B, 60CA, 60CC, 61DA, 65DAA, 69ZN Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011 |
| BC and TC (2005) FLC 93-224 Sigley & Evor [2011] FamCAFC 22 |
| Applicant: | MR CARLTON |
| Respondent: | MS LARRY |
| File Number: | MLC 10330 of 2012 |
| Judgment of: | Judge Roberts |
| Hearing dates: | 14 and 15 November 2013 |
| Date of Last Submission: | 15 November 2013 |
| Delivered at: | Launceston |
| Delivered on: | 14 February 2014 |
REPRESENTATION
| Counsel for the Applicant: | Mr Eidelson |
| Solicitors for the Applicant: | Carew Counsel Pty Ltd |
| Counsel for the Respondent: | Ms Portelli |
| Solicitors for the Respondent: | Schetzer Constantinou |
ORDERS
That MR CARLTON (“the father”) and MS LARRY (“the mother”) have equal shared parental responsibility for X, born (omitted) 2007 (“the child”).
That the child live with the mother.
That the child spend time and communicate with the father as follows:
(a)until the conclusion of the school holiday at the end of the child’s second school term in 2014 as follows:
(i)each alternate weekend from after school on Friday (or 3:00p.m. if it is not a school day) until before school on the following Monday or 9:00 a.m. if it is not a school day);
(ii)each Wednesday from after school until 7:30 p.m. (or from 3:00 p.m. until 7:30 p.m. if it is not a school day); and
(iii)for a period of five nights as agreed between the parties during the school holiday at the end of the child’s second school term in 2014 (but in default of agreement for the first five nights of that school holiday).
(b)after the conclusion of the school holiday at the end of the child’s second school term in 2014 as follows:
(i)each alternate weekend from after school on Friday (or 3:00p.m. if it is not a school day) until before school on the following Monday or 9:00 a.m. if it is not a school day);
(ii)each second Wednesday from after school (or 3:00 p.m. if it is not a school day) until before school on the following Thursday (or 9:00 a.m. if it is not a school day);
(iii)each other Wednesday from after school until 7:30 p.m. (or from 3:00 p.m. until 7:30 p.m. if it is not a school day);
(iv)for a period of one week during each school holiday period as agreed between the parties, but in default of agreement for the…
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- Carlton and Larry [2014] FCCA 94
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- [2014] FCCA 94
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CaseChat Overview and Summary
The court was required to determine the appropriate orders for equal shared parental responsibility, the child's living arrangements, and the specific time the child would spend with each parent. Further issues included provisions for communication, special days, and the involvement of counselling and educational courses for the father.
Judge Roberts made orders for equal shared parental responsibility, with the child to live with the mother. The father was granted specific time with the child, including alternate weekends, mid-week time, and periods during school holidays, with detailed provisions for communication and special days. The orders also mandated counselling for both parents, with the child participating as directed by the counsellor, and required the father to attend specified courses. The matter was listed for a mention to monitor compliance.
Orders
Orders of the court
1.
That MR CARLTON (“the father”) and MS LARRY (“the mother”) have equal shared parental responsibility for X, born (omitted) 2007 (“the child”).
2.
That the child live with the mother.
3.
That the child spend time and communicate with the father as follows:
(a) until the conclusion of the school holiday at the end of the child’s second school term in 2014 as follows:
(i) each alternate weekend from after school on Friday (or 3:00p.m. if it is not a school day) until before school on the following Monday or 9:00 a.m. if it is not a school day);
(ii) each Wednesday from after school until 7:30 p.m. (or from 3:00 p.m. until 7:30 p.m. if it is not a school day); and
(iii) for a period of five nights as agreed between the parties during the school holiday at the end of the child’s second school term in 2014 (but in default of agreement for the first five nights of that school holiday).
(b) after the conclusion of the school holiday at the end of the child’s second school term in 2014 as follows:
(i) each alternate weekend from after school on Friday (or 3:00p.m. if it is not a school day) until before school on the following Monday or 9:00 a.m. if it is not a school day);
(ii) each second Wednesday from after school (or 3:00 p.m. if it is not a school day) until before school on the following Thursday (or 9:00 a.m. if it is not a school day);
(iii) each other Wednesday from after school until 7:30 p.m. (or from 3:00 p.m. until 7:30 p.m. if it is not a school day);
(iv) for a period of one week during each school holiday period as agreed between the parties, but in default of agreement for the first week of the relevant holiday period in even numbered years and the last week of the relevant holiday period in odd numbered years.
(c) by telephone at all reasonable times;
(d) from 10:00 a.m. until 3:00 p.m. on Father’s Day if the child is not otherwise with the father pursuant to these orders;
(e) from 3:00 p.m. on Christmas day until 3:00 p.m. on Boxing Day in even numbered years and from 3:00 p.m. on Christmas Eve until 3:00 p.m. on Christmas day in odd numbered years; and
(f) on such further or other terms as may be agreed between the father and the mother from time to time.
4.
That in the event that the child is spending time with the father pursuant to these orders on Mother’s Day, that time is to conclude at 10:00 a.m. on Mother’s Day and the child must be returned to the mother by 10:00 a.m. on that day.
5.
That the father and the mother must attend upon a psychologist or counsellor (“the counsellor”) to be nominated by Dr M for counselling in relation to the issues raised in the Family Report prepared by Dr M dated 31 October 2013 (“the Family Report”) and for that purpose:
(a) the counsellor is to be provided with copies of the Family Report and the Reasons for Judgment of Judge Roberts in this matter;
(b) the child is to take part in the counselling process as requested by the counsellor; and
(c) all reasonable costs incurred in relation to compliance with Order No. 5 hereof are to be shared equally between the parties unless otherwise ordered.
6.
That within three months of today the father must attend the courses referred to in Order No. 12 of the orders of Judge Hughes of 12 February 2013 and the father must provide to the mother’s solicitor documentary evidence of his completion of those courses within 14 days of his completion of each course.
7.
That this matter be listed for mention before Judge Roberts in Launceston at 9:30 a.m. on 27 March 2014 with leave granted to the parties’ lawyers to appear at that time by telephone, provided that they inform Judge Roberts’ Associate of the telephone numbers upon which they can be contacted at least two working days in advance of that mention.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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