FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Dashwood & Mallinder (No 3) [2022] FedCFamC2F 523
File number(s): DNC 88 of 2021 Judgment of: JUDGE YOUNG Date of judgment: 27 April 2022 Catchwords: FAMILY LAW - parenting - concerning one child who is 19 months old - where the child lives with the mother and spends time with the father - where the mother seeks to relocate interstate with the child - where the father seeks increasing time with the child- court satisfied the mothers desire to relocate is genuine - court satisfied the mother does not wish to deprive the child of a relationship with the father - court satisfied the child's relationship with the father would be significantly impacted if the mother is permitted to relocate - court satisfied the mother should be permitted to relocate but not before the child turns 5 years of age. Legislation: Evidence Act 1995 (Cth) s 135
Family Law Act1975 (Cth) ss60B, 60CA, 60CC, 61DA, 65D, 65DAB, 65DAA
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 rr 7.11, 7.14
Cases cited: Champness & Hanson [2009] FLC 93-407
G & C [2006] FamCA 994
Godfrey & Sanders (2007) 208 FLR 287
Mazorski v Albright (2007) 37 Fam LR 518
Morgan & Miles (2007) 312 FLR 114
Palmer & Hammer (No.2) [2011] FamCAFC 196
Sayer & Radcliffe (2012) 48 Fam LR 298
Sigley & Evor (2011) 44 Fam LR 439
Starr & Duggan [2009] FamCAFC 115
Division: Division 2 Family Law Number of paragraphs: 149 Date of hearing: 31 January – 2 February 2022 Place: Darwin Counsel for the Applicant: Ms Murray Solicitor for the Applicant: Mr Bocock of Northern Territory Legal Aid Commission Counsel for the Respondent: Ms Morgan Solicitor for the Respondent: Ms Powell of Powell & Co. Solicitors ORDERS
DNC 88 of 2021 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS DASHWOOD
Applicant
AND: MR MALLINDER
Respondent
ORDER MADE BY:
JUDGE YOUNG
DATE OF ORDER:
27 APRIL 2022
THE COURT ORDERS THAT:
1.All previous orders be discharged.
Parental Responsibility
2.The parents Ms Dashwood (“the mother”) and Mr Mallinder (“the father”) (collectively “the parents”) are to have equal shared parental responsibility for the child X born in 2020 (“the child”).
Living Arrangements
3.The child live with the mother in Darwin or City J until the child turns five years of age and thereafter the mother be permitted to relocate the residence of the child to Town D in Victoria.
4.The child is to spend time with the father as agreed with the mother, but failing agreement as follows:
(a)from the date of these orders until the child turns two years of age, on Mondays and Wednesdays from 1:30 PM to 4:30 PM and the first three weekends of each month from Saturday 9 AM to 2 PM and from Sunday 9 AM to 2 PM;
(b)from when the child turns two years of age until January 2023,…
Continue reading Dashwood & Mallinder (No 3)
Sign in free to access the full text
- AGLC
- Dashwood & Mallinder (No 3) [2022] FedCFamC2F 523
- Case
- [2022] FedCFamC2F 523
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
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.