Cullen and Cullen

[2007] FamCA 611

FAMILY COURT OF AUSTRALIA

CULLEN & CULLEN [2007] FamCA 611

FAMILY LAW – APPEAL FROM DECISION OF FEDERAL MAGISTRATE – CHILDREN – Appeal against discretionary order – Shared parenting arrangements – Time spent with each parent - Appeal dismissed
FAMILY LAW - COSTS – Appellant to pay half the respondent’s costs of the appeal.

Family Law Act 1975 (Cth)

Family Law Amendment (Shared Parenting) Act 2006 (Cth)

AMS v AIF (1999) FLC 92-852
Bennett and Bennett (1991) FLC 92-191
De Winter v De Winter (1979) FLC 90-605
Gronow v Gronow (1979) 144 CLR 513
House v The King (1936) 55 CLR 499
T & N (2001) FMCAfam 222

APPELLANT: MR CULLEN

RESPONDENT: MS CULLEN

FILE NUMBER: BRM 5392 of 2005

APPEAL NUMBER: NA 23 of 2006

DATE DELIVERED: 22 June 2007

PLACE DELIVERED: Brisbane

JUDGMENT OF: May J

HEARING DATE: 22 August 2006

LOWER COURT JURISDICTION: Federal Magistrates Court

LOWER COURT JUDGMENT DATE: 9 March 2007

LOWER COURT MNC: [2006] FMCAfam 50

REPRESENTATION

COUNSEL FOR THE APPELLANT: Mr Kent

SOLICITOR FOR THE APPELLANT: Rhonda Sheehy & Associates

COUNSEL FOR THE RESPONDENT: Mr Murphy SC

SOLICITOR FOR THE RESPONDENT: Barry & Nilsson

Orders

IT IS ORDERED BY CONSENT:

1. That the Easter holiday periods be shared between the parties as agreed, or in the event that agreement is not reached, that the children spend time with the father for the first half of the Easter school holidays in 2007 and each alternate year thereafter and for the second half in 2008 and each alternate year thereafter.

2. In the event that Father’s Day falls on a day where the children are residing with the mother, the children shall have contact with the father from 9:00am until 5:00pm on Father’s Day.

3. In the event that Mother’s Day falls on a day where the children are residing with the father, the children shall have contact with the mother from 9:00am until 5:00pm on Mother’s Day.

IT IS FURTHER ORDERED:

1. That the father’s application filed on 18 August 2006 to amend his grounds of appeal to include Ground 1(a) be allowed.

2. That the appeal be dismissed.

3. That the appellant pay one half of the respondent’s costs of the appeal to be assessed.

IT IS NOTED 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 Cullen and Cullen.

FAMILY COURT OF AUSTRALIA AT BRISBANE

Appeal Number: NA 23 of 2006
File Number: BRM 5392 of 2006

MR CULLEN

Appellant Father

And

MS CULLEN

Respondent Mother

REASONS FOR JUDGMENT

INTRODUCTION

1. This is an appeal by the father against orders made by Slack FM on 9 March 2006 in relation to future parenting arrangements. The father seeks orders which would enable the children, Master Cullen, born on … July 2001, and Miss Cullen, born on … November 2002, to increase the time spent with him should the appeal be allowed. In the alternative, the father seeks orders that the children reside with…