FAMILY COURT OF AUSTRALIA
| DARLEY & DARLEY (NO. 4) | [2017] FamCA 850 |
| FAMILY LAW – CHILDREN – When the children are to spend time with the father – Where the final hearing was part heard – Where interim orders were sought to be made to deal with the time between now and February 2018 – Where the court ordered the Father spend some specific weekend and holiday time with the children. |
| Family Law Act 1975 (Cth) Family Law Rules 2004 (Cth) |
| Banks & Banks (2015) FLC 93-637 Goode & Goode (2006) FLC 93-286 |
| APPLICANT: | Mr Darley |
| RESPONDENT: | Ms Darley |
| INDEPENDENT CHILDREN’S LAWYER: | Norman & Kingston |
| FILE NUMBER: | BRC | 2317 | of | 2013 |
| DATE DELIVERED: | 25 October 2017 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | Hogan J |
| HEARING DATE: | 17, 18, 19 & 20 October 2017 |
REPRESENTATION
| APPLICANT: | In person |
| RESPONDENT: | In person |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: | Ms Pendergast of Counsel |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Norman & Kingston |
Orders
IT IS ORDERED THAT
Clause (1) on the Order made 13 October 2016 is amended by the insertion of the words “as amended on 25 October 2017” after the words “29 August 2016”.
Clause (2) of the Order made 29 August 2016 is discharged.
IT IS ORDERED UNTIL FURTHER ORDER THAT
The children, X, born on … 2006, and Y, born on … 2009, spend time with the father at all times as may be agreed between the parents in writing and, failing agreement as follows:
(a)from after school on Friday, 27 October 2017 (with the father to collect the children from R School at the commencement of time) until 3.00 pm on Sunday, 29 October 2017 (with changeover to occur at K Town Shopping Centre); and
(b)from after school on Friday, 10 November 2017 (with the father to collect the children from R School at the commencement of time) until 3.00 pm on Sunday, 12 November 2017 (with changeover to occur at K Town Shopping Centre); and
(c)from after school on Friday, 24 November 2017 (with the father to collect the children from R School at the commencement of time) until 3.00 pm on Sunday, 26 November 2017 (with changeover to occur at K Town Shopping Centre); and
(d)from after school on Friday, 8 December 2017 (with the father to collect the children from R School at the commencement of time) until 3.00 pm on Tuesday, 12 December 2017 (with changeover to occur at K Town Shopping Centre); and
(e)from 3.00 pm on Friday, 22 December 2017 (with changeover to occur at McDonald’s R Town, R Town City Shopping Centre, R Town Road, R Town) until 3.00 pm on Monday, 25 December 2017 (with changeover to occur at K Town Shopping Centre); and
(f)from 3.00 pm on Tuesday, 2 January 2018 (with changeover to occur at McDonald’s R Town, R Town City Shopping Centre, R Town Road, R Town) until 3.00 pm on Tuesday, 9 January 2018 (with changeover to occur at K Town Shopping Centre); and
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- AGLC
- Darley and Darley (No. 4) [2017] FamCA 850
- Case
- [2017] FamCA 850
- Decision Date
CaseChat Overview and Summary
The court was required to determine how to amend the existing orders to reflect the agreed-upon arrangements for the children's time with the father. This involved considering the discharge of a previous clause and the insertion of new provisions detailing specific periods of time the children would spend with the father, including collection and changeover arrangements.
Hogan J applied the principles of the *Family Law Act 1975* (Cth), specifically sections 65DA(2) and 62B, to ensure the orders were clear and that the parties understood the consequences of contravention. The court amended the previous order of 13 October 2016 by inserting a reference to a subsequent amendment on 25 October 2017. Clause (2) of the order made on 29 August 2016 was discharged. The court then made new orders, effective until further order, detailing a schedule for the children to spend time with the father, commencing from 27 October 2017 and extending into January 2018, with specific changeover locations and times. The parties were granted liberty to apply on 48 hours' notice, and a fact sheet detailing obligations, consequences of contravention, and support services was incorporated into the orders.
Orders
Orders of the court
IT IS ORDERED THAT
1.
Clause (1) on the Order made 13 October 2016 is amended by the insertion of the words “as amended on 25 October 2017” after the words “29 August 2016”.
2.
Clause (2) of the Order made 29 August 2016 is discharged.
IT IS ORDERED UNTIL FURTHER ORDER THAT
3.
The children, X, born on … 2006, and Y, born on … 2009, spend time with the father at all times as may be agreed between the parents in writing and, failing agreement as follows:
(a) from after school on Friday, 27 October 2017 (with the father to collect the children from R School at the commencement of time) until 3.00 pm on Sunday, 29 October 2017 (with changeover to occur at K Town Shopping Centre); and
(b) from after school on Friday, 10 November 2017 (with the father to collect the children from R School at the commencement of time) until 3.00 pm on Sunday, 12 November 2017 (with changeover to occur at K Town Shopping Centre); and
(c) from after school on Friday, 24 November 2017 (with the father to collect the children from R School at the commencement of time) until 3.00 pm on Sunday, 26 November 2017 (with changeover to occur at K Town Shopping Centre); and
(d) from after school on Friday, 8 December 2017 (with the father to collect the children from R School at the commencement of time) until 3.00 pm on Tuesday, 12 December 2017 (with changeover to occur at K Town Shopping Centre); and
(e) from 3.00 pm on Friday, 22 December 2017 (with changeover to occur at McDonald’s R Town, R Town City Shopping Centre, R Town Road, R Town) until 3.00 pm on Monday, 25 December 2017 (with changeover to occur at K Town Shopping Centre); and
(f) from 3.00 pm on Tuesday, 2 January 2018 (with changeover to occur at McDonald’s R Town, R Town City Shopping Centre, R Town Road, R Town) until 3.00 pm on Tuesday, 9 January 2018 (with changeover to occur at K Town Shopping Centre); and
(g) from after school on Thursday, 25 January 2018 (with the father to collect the children from R School at the commencement of time) until 3.00 pm on Sunday, 28 January 2018 (with changeover to occur at K Town Shopping Centre); and
(h) from after school on Friday, 9 February 2018 (with the father to collect the children from R School at the commencement of time) until 3.00 pm on Sunday, 11 February 2018 (with changeover to occur at K Town Shopping Centre).
AND IT IS FURTHER ORDERED THAT
1.
The parties have liberty to apply on the giving of 48 hours’ notice in writing by directing correspondence to … to the attention of the Case Manager.
2.
Pursuant to s 65DA(2) and s 62B of the Family Law Act 1975 (Cth), the particulars of the obligations these Orders create and the particulars of the consequences that may follow if a person contravenes these Orders and details of who can assist parties to adjust to and comply with an Order are set out in the Fact Sheet attached and these particulars are included in these Orders.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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