Crighton & Salinas - [2024] FedCFamC2F 1652

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Crighton & Salinas [2024] FedCFamC2F 1652

File number(s): MLC 6890 of 2024

Judgment of: JUDGE BURT

Date of judgment: 20 November 2024

Catchwords: FAMILY LAW – Parenting – registration of overseas child orders – child orders made in State B, USA – requirements of s.70G of the Family Law Act 1975 and reg.23 of the Family Law Regulations 1984 – discretion as to registration – application granted – orders registered.

Legislation:
Family Law Act 1975, ss 4(1), 70G, 70J(2)

Family Law Regulations 1984, reg 23, schedule 1A

Cases cited:
Greenfield & Conley (No. 2) [2020] FCCA 827; (2020) 351 FLR 341

Sigley & Sigley [2018] FamCA 3; (2018) 57 Fam LR 347

Trnka & Trnka [1984] FamCA 12; (1984) FLC 91-535; (1984) 10 Fam LR 213

Division: Division 2 Family Law

Number of paragraphs: 47

Date of last submissions: 14 November 2024

Date of hearing: Determined on the papers

Place: Melbourne

Counsel for the Applicant: Ms Mallett KC

Solicitor for the Applicant: Sage Family Lawyers

Counsel for the Respondent: Ms Johnston

Solicitor for the Respondent: Lander & Rogers
ORDERS

MLC 6890 of 2024

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:
MS CRIGHTON

Applicant

AND:
MR SALINAS

Respondent

ORDER MADE BY:

JUDGE BURT

DATE OF ORDER:

20 NOVEMBER 2024

THE COURT ORDERS THAT:
1.The orders of the Circuit Court, Region D, State B, in the United States of America made in mid-2020 and early 2021 be registered pursuant to s.70G of the Family Law Act 1975 (Cth) (“the Act”).
2.The matter remains listed on 28 November 2024 at 10am in respect of the threshold question governed by s.70J of the Act.
3.Liberty be granted to the father to appear by Microsoft Teams at the hearing on 28 November 2024 at 10am.

Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
JUDGE BURT:
INTRODUCTION

These proceedings consist of a parenting dispute concerning X who is five years old. X’s father, Mr Salinas, lives in the United States. Since 2021, X has lived in Australia with her mother, Ms Crighton.
The parents are unable to agree as to a number of aspects of X’s…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Crighton & Salinas

Details

AGLC: Crighton & Salinas [2024] FedCFamC2F 1652
Case: [2024] FedCFamC2F 1652
Decision Date: 20 November 2024

CaseChat Overview and Summary

In the matter of Ms Crighton and Mr Salinas, the applicant sought the registration of overseas child orders made by a court in State B, USA, under section 70G of the Family Law Act 1975 and regulation 23 of the Family Law Regulations 1984. The Federal Circuit and Family Court of Australia was tasked with determining the merits of the application, which hinged on the court's discretion regarding the registration of these overseas orders.

The primary legal issue before the court was whether the orders from the US court met the criteria for registration under Australian law, specifically whether they were "child orders" as defined by the Act. Additionally, the court had to consider whether the orders were in the best interests of the child, which is a key consideration under section 60CC of the Family Law Act. The court examined the relevant legal framework and the circumstances of the case to determine if the requirements for registration were satisfied.

In delivering the judgment, Judge Burt noted that the US court had jurisdiction to make the orders, and the orders were indeed "child orders" within the meaning of the Act. The court found that the orders were in the best interests of the child, considering the child's welfare and the circumstances surrounding the case. Consequently, the court exercised its discretion under section 70G of the Act to grant the application and order the registration of the overseas child orders. The matter was adjourned to address the threshold question under section 70J of the Act.

The court ordered the registration of the overseas child orders and granted the father liberty to appear via Microsoft Teams at the next hearing. The form of the order was subject to review and potential modification in accordance with the relevant court rules.

Orders

Orders of the court

MLC 6890 of 2024

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS CRIGHTON

Applicant

AND:

MR SALINAS

Respondent

ORDER MADE BY:

JUDGE BURT

DATE OF ORDER:

20 NOVEMBER 2024

THE COURT ORDERS THAT:

1. The orders of the Circuit Court, Region D, State B, in the United States of America made in mid-2020 and early 2021 be registered pursuant to s.70G of the Family Law Act 1975 (Cth) (“the Act”).

2. The matter remains listed on 28 November 2024 at 10am in respect of the threshold question governed by s.70J of the Act.

3. Liberty be granted to the father to appear by Microsoft Teams at the hearing on 28 November 2024 at 10am.

Note: The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

File number(s):	MLC 6890 of 2024
Judgment of:	JUDGE BURT
Date of judgment:	20 November 2024
Catchwords:	FAMILY LAW – Parenting – registration of overseas child orders – child orders made in State B, USA – requirements of s.70G of the Family Law Act 1975 and reg.23 of the Family Law Regulations 1984 – discretion as to registration – application granted – orders registered.
Legislation:	Family Law Act 1975, ss 4(1), 70G, 70J(2) Family Law Regulations 1984, reg 23, schedule 1A
Cases cited:	Greenfield & Conley (No. 2) [2020] FCCA 827; (2020) 351 FLR 341 Sigley & Sigley [2018] FamCA 3; (2018) 57 Fam LR 347 Trnka & Trnka [1984] FamCA 12; (1984) FLC 91-535; (1984) 10 Fam LR 213
Division:	Division 2 Family Law
Number of paragraphs:	47
Date of last submissions:	14 November 2024
Date of hearing:	Determined on the papers
Place:	Melbourne
Counsel for the Applicant:	Ms Mallett KC
Solicitor for the Applicant:	Sage Family Lawyers
Counsel for the Respondent:	Ms Johnston
Solicitor for the Respondent:	Lander & Rogers

MLC 6890 of 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:	MS CRIGHTON Applicant
AND:	MR SALINAS Respondent

ORDER MADE BY:	JUDGE BURT
DATE OF ORDER:	20 NOVEMBER 2024