Cody & Webster (No 3)

This matter concerned a parenting dispute between a mother and father, with the court being the Federal Circuit Court of Australia, presided over by Ryan J. The dispute involved an application by the mother to suspend existing orders for the children to spend time with their father, in favour of orders reflecting the recommendations of two psychologists. These psychologists had been engaged as a consequence of previous court orders. The central issue was whether the children should spend the forthcoming Christmas school holidays with their father in the United States of America or in Australia, given that neither psychologist recommended a visit to the United States for the upcoming holidays.

The court was required to determine whether a sufficient change in circumstances had occurred to warrant a further hearing regarding the children's time with their father. Specifically, the court considered the children's emotional and psychological stability, particularly that of the eldest child, in light of their not having spent time with the father pursuant to previous orders. The paramount consideration was the best interests of the children.

Ryan J noted the disappointment that steps had not been taken to inform the children of previous orders made in March 2012. Evidence from an affidavit sworn in November 2012 detailed the eldest child's reaction to the orders. The child expressed anxiety about the length of time stipulated in the orders, stating a preference for an environment in Australia at that time, though acknowledging a potential shift in perspective for the following Christmas. The child indicated a willingness to have day-time contact with the father but expressed concern about overnight stays, having not experienced them for five years, and requested flexibility. Despite these concerns, the child rated their satisfaction with the orders as "about five and a half or six out of ten," understanding them to be reasonable.

Ultimately, the court ordered that the children would spend the forthcoming school holidays with their father in the United States, accompanied by the mother. The time allocated for the children to spend with the father was to be staggered, with initial periods shorter than later ones, and included flexibility for overnight time at either child's request.