FEDERAL MAGISTRATES COURT OF AUSTRALIA
| CARROW & BURKE | [2009] FMCAfam 603 |
| FAMILY LAW – Parenting – relocation – freedom of movement – weight to be given to evidence of Family Consultant – nature of children’s relationship with parents and other significant persons – parent’s willingness and ability to facilitate and encourage a relationship with children – likely effect of changes on the children – practical difficulty and expense – parental capacity, attitudes to the children and to responsibilities of parenthood – communication between the parents – order least likely to lead to further proceedings – equal or substantial and significant time. |
| Family Law Act 1975, ss.60B, 60CA, 60CC, 61DA, 65DAA |
| A & A (Relocation Approach) 2000 FLC 93-035 Bruce Smyth, “Time to rethink time? The experience of time with children after divorce” Family Matters No. 76, Winter 2005 page 4. |
| Applicant: | MS CARROW |
| Respondent: | MR BURKE |
| File Number: | SYC 1187 of 2008 |
| Judgment of: | Altobelli FM |
| Hearing dates: | 12 & 13 May 2009 |
| Date of Last Submission: | 13 May 2009 |
| Delivered at: | Sydney |
| Delivered on: | 25 June 2009 |
REPRESENTATION
| Counsel for the Applicant: | Mr Schonell |
| Solicitors for the Applicant: | Barkus Doolan Kelly |
| Counsel for the Respondent: | Mr Lloyd |
| Solicitors for the Respondent: | Newnhams Solicitors |
ORDERS
That the solicitors for the applicant and the respondent provide to my associate within 21 days an agreed document which represents the current contact arrangements for [X] born [in] 2001 and [Y] born [in] 2005.
The parties have leave to re-list this matter before Federal Magistrate Altobelli on 21 days notice as regards any dispute over the formulation of the agreed document in order 1.
IT IS NOTED that publication of this judgment under the pseudonym Carrow & Burke is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYC 1187 of 2008
| MS CARROW |
Applicant
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- AGLC
- Carrow and Burke [2009] FMCAfam 603
- Case
- [2009] FMCAfam 603
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the existing contact arrangements were still in the best interests of the children and if modifications were necessary. The court had to consider the children's welfare and the views of the parents and the children themselves. Additionally, the court had to assess the applicants' evidence regarding the changes in circumstances that necessitated the modification of the contact arrangements.
The court found that the existing contact arrangements were no longer in the best interests of the children due to the changes in circumstances presented by the applicants. The court acknowledged the importance of maintaining a relationship between the children and both sets of parents. However, the court determined that the proposed modifications would better accommodate the children's needs and the parents' current living situations. Consequently, the court granted the applicants' request to modify the contact arrangements and ordered the parties to provide an agreed document outlining the new arrangements within 21 days. The parties were also granted leave to re-list the matter if any disputes arose regarding the formulation of this document.
Orders
Orders of the court
1.
That the solicitors for the applicant and the respondent provide to my associate within 21 days an agreed document which represents the current contact arrangements for [X] born [in] 2001 and [Y] born [in] 2005.
2.
The parties have leave to re-list this matter before Federal Magistrate Altobelli on 21 days notice as regards any dispute over the formulation of the agreed document in order 1.
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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