Carlton and Larry

Case [2014] FCCA 94


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
Bright  and Bright v Bright and Mackley (1995) FLC 92-570
Champness & Hanson (2009) FLC 93-407
Godfrey & Sanders [2007] FamCA
McCall & Clark (2009) FLC 93-405
Mazorski and Albright (2007) 37 Fam LR 518
Moose & Moose (2008) FLC 93-375
Mulvaney & Lane (2009) FLC 93-404
Runcorne & Raine [2008] FamCA 837

Sigley & Evor [2011] FamCAFC 22
Stevens and Lee (1991) FLC 92-201

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

  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…

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AGLC
Carlton and Larry [2014] FCCA 94
Case
[2014] FCCA 94
Decision Date

CaseChat Overview and Summary

In the matter of *Carlton and Larry*, heard by Judge Roberts, the dispute concerned parenting arrangements for the child X. The father, Mr Carlton, and the mother, Ms Larry, sought orders regarding their respective roles and time with the child.

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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