Clapton & Sprenger

[2007] FamCA 1184

FAMILY COURT OF AUSTRALIA

CLAPTON & SPRENGER [2007] FamCA 1184

FAMILY LAW – APPEAL AGAINST DECISION OF FEDERAL MAGISTRATE – CHILDREN – RELOCATION – Whether the trial Judge erred in allowing the Mother to relocate to Rockhampton with the child - Best interests of the child – Appeal dismissed – Each party to pay their own costs of the appeal.

Family Law Act 1975

AMS v AIF (1999) FLC 92-852
Australian Coal and Shale Employees Federation v The Commonwealth (1953) 94 CLR 621
CDJ & VAJ (1998) 197 CLR 172
De Winter v De Winter (1979) FLC 90-605
Gronow v Gronow (1979) 144 CLR 513
House v The King (1936) 55 CLR 499
In the Marriage of Burke (1992) 112 FLR 250
U & U (2002) 211 CLR 238

APPELLANT: MR CLAPTON

RESPONDENT: MS SPRENGER

INDEPENDENT CHILDREN’S LAWYER: CARTER NAUGHTON RICE

FILE NUMBER: BRM 1958 of 2003

APPEAL NUMBER: NA 90 of 2006

DATE DELIVERED: 17 September 2007

PLACE DELIVERED: Brisbane

JUDGMENT OF: May J

HEARING DATE: 27 April 2007

LOWER COURT JURISDICTION: Federal Magistrates Court

LOWER COURT JUDGMENT DATE: 17 October 2006

LOWER COURT MNC: [2006] FMCAfam 472

REPRESENTATION

SOLICITOR FOR THE APPELLANT: Appellant appeared in person

COUNSEL FOR THE RESPONDENT: Mr Laurie

SOLICITOR FOR THE RESPONDENT: Simmonds Crowley & Galvin Solicitors

INDEPENDENT CHILDREN’S LAWYER

COUNSEL:

Mr Linklater-Steel

INDEPENDENT CHILDREN’S LAWYER

SOLICITOR:

Carter Naughton Rice

Orders

1. That the appeal against the orders of Federal Magistrate Slack made on 17 October 2006 be dismissed.

2. That the appellant pay the costs of the respondent and the Independent Children’s Representative for the appearances of 9 March 2007 and 24 April 2007 and the costs of the Independent Children’s Representative of the appeal to be assessed.

3. That each party pay their own costs of the appeal.

IT IS NOTED THAT IN CONNECTION WITH THESE ORDERS that the judgment of the Full Court delivered this day will for all publication and reporting purposes be referred to as Clapton and Sprenger.

FAMILY COURT OF AUSTRALIA AT BRISBANE

Appeal Number: NA 90  of 2006
File Number: BRM 1958  of 2003

MR CLAPTON

Appellant

And

MS SPRENGER

Respondent

REASONS FOR JUDGMENT

1. In an amended Notice of Appeal filed on 25 January 2007, Mr Clapton appeals against orders made on 17 October 2006 by Federal Magistrate Slack. In particular he appeals from the orders allowing the mother to continue to reside in Rockhampton, allowing the father time with the child, born … March 2003, on alternate weeks if he lives within 30 kilometres of the mother (Wednesday – Monday), or for one week in the months outside school holidays until November 2007 and then during school term while the father is in Rockhampton. Orders were also made for holidays, the child’s birthday, Fathers Day and telephone contact. The father does not appeal against the order for equal shared parental responsibility.

2. I mention at this introductory stage that this appeal is to be determined by me as a single Judge of the Family Court pursuant to arrangements made under…