Cote & Cote

[2022] FedCFamC2F 145

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Cote & Cote [2022] FedCFamC2F 145  

File number(s):	PAC 3180 of 2015
Judgment of:	JUDGE NEWBRUN
Date of judgment:	16 February 2022
Catchwords:	FAMILY LAW – Parenting - best interests of children - Orders made
Legislation:	Family Law Act 1975 (Cth), ss. 60B, 60CA, 60CC, 61DA, 65DAA, 65D
Cases cited:	Knight & Knight [2016] FamCA 1085
Division:	Division 2 Family Law
Number of paragraphs:	347
Date of last submission/s:	14 February 2022
Date of hearing:	6, 7, 8 and 10 December 2021
Place:	Parramatta
Counsel for the Applicant:	Ms Kaiti
Counsel for the Respondent:	Ms Treherne
Counsel for the Independent Children’s Lawyer	Mr Friedlander of Counsel

ORDERS

PAC 3180 of 2015

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS COTE

Applicant

AND:

MR COTE

Respondent

AND:

INDEPENDENT CHILDREN’S LAWYER

ORDER MADE BY:	JUDGE NEWBRUN
DATE OF ORDER:	16 FEBRUARY 2022

THE COURT ORDERS THAT:

1.All previous Orders and respective Applications be discharged.

Parental responsibility

2.That the Mother have sole parental responsibility for the children X born in 2010 and Y born in 2012 (together, the children) provided that: 

2.1.The Mother contacts the Father in writing and provides her views about any such issue;

2.2.The Mother consults with the Father in regard to any such issue;

2.3.The Mother and Father will make a genuine effort to come to a joint decision about any such issue; and

2.4.If no agreement is reached between the parties, then within 14 days the Mother shall make the final decision and advise the Father in writing of the decision about any such issue, excluding any change of name for the child.

Live-with arrangements

3.The children will live with the Mother.

Spend time with arrangements

4.Except as otherwise provided for in these Orders, the Father shall spend time with X and Y as agreed between the parties in writing and, failing agreement:

4.1.From the date of these Orders, each alternate weekend from Saturday 9am until Sunday 6pm, but only for 2 such weekends;

4.2.Then each alternate weekend, during school term time, from after school Friday (or 3pm on a non-school day) until Sunday 6pm.

School holidays

5.During the NSW school holiday period for terms 1, 2, 3 and 4, Order 4 shall be suspended and X and Y shall spend that holiday time with each parent for one half of all school holiday periods as agreed between the parties in writing, and failing agreement as follows:

5.1.In even numbered years, with the Mother for the first half and the Father for the second half; and

5.2.In odd numbered years, with the Father for the first half and the Mother for the second half.

5.3.AND for the purpose of the implementation of Orders 5.1 and 5.2, the NSW school holiday period shall commence at the conclusion of school on the last day that the children attends at school for the term and the NSW school holiday period shall conclude at the commencement of school on the…