DUFFY and DUFFY
[2022] FCWA 26
•7 FEBRUARY 2022
JURISDICTION : FAMILY COURT OF WESTERN AUSTRALIA
ACT: FAMILY LAW ACT 1975
LOCATION: PERTH
CITATION: DUFFY and DUFFY [2022] FCWA 26
CORAM: DUNCANSON J
HEARD: 4 FEBRUARY 2022
DELIVERED : 7 FEBRUARY 2022
FILE NO/S: [Redacted]
BETWEEN: MR DUFFY
Applicant
AND
MS DUFFY
Respondent
Catchwords:
CHILDREN - schooling - spend time arrangements - turns on its own facts
Legislation:
Family Law Act 1975 (Cth) s 4, s 60CA, s 60CC, s 61DA, s 69ZN
Category: Reportable
Representation:
Counsel:
| Applicant | : | Self-Represented Litigant |
| Respondent | : | Mr J Gore |
Solicitors:
| Applicant | : | Self-Represented Litigant |
| Respondent | : | Jeffrey Paul S Gore |
Case(s) referred to in decision(s):
Nil
WORDS IN SQUARE BRACKETS REPLACE WORDS USED IN THE ORIGINAL JUDGMENT – PARTIES' NAMES AND IDENTIFYING DETAILS HAVE BEEN CHANGED
IT IS NOTED that publication of this judgment by this Court under the pseudonym Duffy and Duffy has been approved by the Family Court of Western Australia pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 312(b) Family Court Rules 2021 (WA)), or to record a variation to the orders pursuant to r 311 Family Court Rules 2021 (WA).
1[Mr Duffy], the father, and [Ms Duffy], the mother, are unable to agree about some important parenting issues in relation to their daughter [Child A], who is 12 years of age.
2By reason of the parties' inability to reach agreement Child A is not currently attending school. She has missed the first week of the first term of high school. A determination as to the school to be attended by Child A is urgently required so that she can commence school immediately.
3Consent orders were pronounced on 13 August 2021 pursuant to which Child A lives with the father and the parties have equal shared parental responsibility for her. Paragraphs 1, 2, 3 and 6 to 17 of the minute attached to the said orders are final orders. Paragraphs 4 and 5 which concern Child A's weekend time with the mother were not agreed and required a determination.
4The said orders provide as follows:
1That all previous orders be and are hereby discharged, save and except for Orders 5,11-17 of the Orders dated 18 September 2019.
2The child, [Child A] born [in] 2009 ("the child") shall live with the Applicant Father.
3The Applicant Father and the Respondent Mother have equal and shared parental responsibility for decisions concerning the child's long-term care, welfare and development.
4That the child spend time with the Respondent Mother for 3 consecutive weekends from after school Friday until Sunday 5.00 pm or such other extended period as agreed between the parties in writing.
Alternatively (Not agreed)
5That the child spend time with the Respondent Mother for 3 consecutive weekends from after school Friday until the commencement of school Monday and in the event of a public holiday, that such time be extended to the commencement of school on Tuesday or such other extended period as agreed between the parties in writing.
6That the child spend time with the Applicant Father on the weekend following the Mother's time pursuant to Order 4 of these Orders.
7That the child spends one half of the school term and summer school holidays on a week about arrangement with the parties, with the first week of any school holidays to be spent with the Respondent Mother or as agreed between the parties in writing.
8That the parties authorise any treating medical practitioner that the child attends to provide any information pertaining to that child to each party with both parties at liberty to attend.
9That a copy of these Orders be provided to the child’s school and health care provider.
10That the parties utilise Facebook messenger to communicate on all issues concerning the child with each party to check their telephone 15 minutes before and after handover.
11That commencing 2021 and each alternate year thereafter, the child spend time with the Applicant Father from 5:00 pm Christmas Eve until 5:00pm boxing day unless otherwise agreed.
12That commencing 2022 and each alternate year thereafter, the child spend time with the Respondent Mother from 5:00 pm Christmas Eve until 5:00 pm boxing day unless otherwise agreed.
13That the parties ensure that the child attends upon a paediatrician at [Medical Centre A] or any other such centre as is agreed between the parties, and comply with all recommendations in relation to medical advice regarding medication and other aspects of the child's medical treatment.
14 That the parties do all acts and things required to enrol the child and ensure her attendance at [High School E] commencing 2022 or such other school as is agreed between the parties in writing.
15That the parties be at liberty to provide the child's school with a copy of these Orders and authorise the school to provide to each party all communications from the school.
16.That there be an injunction precluding the parties from discussing the current Family Court proceedings.
17.That the parties forthwith provide each other with their current residential address and telephone contact details and keep each other updated at all times.
5Further orders in place are those dated 18 September 2019, which provide as follows:
5The parties be permitted to attend at the said child’s school for the purpose of attending events and meetings that are usually attended by parents.
11The Applicant pending the final determination of these proceedings be restrained and an injunction is hereby granted restraining him from changing the said child’s school and principal place of residence save with the Respondent’s written consent or Court order.
12By consent, until further order of the Court, the parties and their servants and/or agents be restrained and an injunction is hereby granted restraining them from removing or attempting to remove or causing or permitting the removal of the child, [CHILD A] (female) born [in] 2009, from the Commonwealth of Australia and/or the State of Western Australia.
13It is requested that the Australian Federal Police give effect to this order by placing the name of the said child on the Family Law Watch List in force at all points of arrival and departure in the Commonwealth of Australia and maintain the child’s name on the Watch List.
14The injunction contained in the previous paragraph of this order remain in force until the said child attains the age of 18 years.
15Upon expiration of the period referred to in the preceding paragraph and subject to any further order of a Court of competent jurisdiction, the Australian Federal Police will cause the removal of the said child name (sic) from the Watch List.
16The Marshal and Officers of the Australian Federal Police and the Police Forces of the States and Territories are requested and authorised to give effect to these orders.
17The Applicant be at liberty to seek to vary or discharge the order placing the said child on the Family Law Watch List in the event he proposes to travel overseas with the child.
6Paragraphs 11 and 12 are interim orders and a determination is required as to whether final orders should be made in those terms.
7The father filed an application in a case on 2 February 2022 in which he seeks permission to enrol Child A at school in 2022. He seeks to enrol her at [High School B].
8The mother filed an application in a case on 10 January 2022 in which she seeks orders that the father:
•be restrained from enrolling Child A in high school at High School B;
•deliver Child A to High School E on the first day of the 2022 school term; and
•be restrained from attending at Child A's school an hour before the mother picks her up on a Friday.
9At the commencement of the proceedings I provided the father and counsel with a copy of s 69ZN of the Family Law Act 1975 ("the Act") which contains the principles for conducting child related proceedings. I referred in particular to the second principle which that the Court is to actively direct, control and manage the conduct of the proceedings. I referred also to the fifth principle that the proceedings be conducted without due delay and with as little formality and legal technicality and form as possible.
10From the above orders and applications I distilled that the issues for determination are:
•the school to be attended by Child A;
•the time Child A spends with the mother at weekends during the school terms;
•whether the father should be restrained from attending school on a Friday when, or before the mother collects Child A at the commencement of her time with the mother at weekends;
•whether there should be a final injunction restraining the father from changing Child A's school and principal place of residence except with the mother's written consent; and
•whether there should be a final injunction restraining the parties from removing Child A from the Commonwealth of Australia and/or the State of Western Australia.
THE ORDERS SOUGHT
11The father seeks an order that he be permitted to enrol Child A at [High School B].
12The father proposes that the mother spend time with Child A for three consecutive weekends from after school Friday until Sunday at 5.00 pm, or other extended period as agreed between the parties in writing.
13The father opposes an order that he be restrained from changing Child A's school or principal place of residence without the mother's written consent.
14The father would like to travel with Child A.
15The orders sought by the mother are that the weekend time Child A spends during the school term extend from after school Friday until the commencement of school Monday and in the event of a public holiday to the commencement of school Tuesday, or other extended period as agreed between the parties in writing.
16The mother seeks a final order that the father be restrained by injunction from changing Child A's school and principal place of residence, save with her written consent.
17The mother seeks to enforce paragraph 14 of the orders made by consent on 13 August 2021 which provides:
14That the parties do all acts and things required to enrol the child and ensure her attendance at [High School E] commencing 2022 or such other school as is agreed between the parties in writing.
18The mother would like to travel with Child A but not at this stage.
BRIEF BACKGROUND
19The father is 35 years of age. He is [unemployed].
20The mother is 35 years of age. She is unemployed.
21The parties commenced a relationship in 2007. They married on 19 July 2014. They separated finally at the end of 2017.
22There is one child of [the] marriage, Child A born [in] 2009.
23The father lives in [Suburb A] at the home of his parents. The mother lives in [Suburb B], although will be relocating to [Suburb C].
24Child A lived in the care of both parents until she was about eight years of age.
25In 2017 the mother suffered mental health difficulties. Towards the end of that year the father left the home with Child A. Child A has remained in his care since and spent time with the mother at weekends.
26In early 2019 the father relocated with Child A to [Regional Town A]. Child A previously attended [Primary School C] but after the relocation she attended [Primary School D].
27In mid-2019 the father moved to [Suburb D] and Child A attended [Primary School E]. She remained at that school in 2019, 2020 and 2021.
28In March 2021, the father moved to Suburb A where he and Child A live with his parents. Child A continued to attend Primary School E in 2021 and she travelled to and from Suburb D each school day.
29Child A's school reports for Year 5 and the first semester of Year 6 were not in favourable terms. Her school report for semester 2 in 2021 reported significant progress. By this time Child A was taking ADHD medication.
30High School B is in the catchment area of Child A's residence. High School E has advised that there is a place for Child A there in 2022.
The father and his position
31The father was a self-represented litigant. I explained the Court procedure to him and informed him he was at liberty to seek procedural advice when necessary.
32The father cross-examined the mother and her witness effectively. I am satisfied I understood the purpose of his cross-examination and his position with respect to the issues. I consider he gave honest evidence. A number of paragraphs of the father's affidavit filed 2 February 2022 were struck out as they were not relevant to the issues to be determined.
33I am not entirely satisfied that the father understands his obligations in terms of orders already made.
34The father does not currently have his own accommodation. He lives at the home of his parents in Suburb A. He has been seeking alternative accommodation since September 2020 and wishes to live independently of his parents, but he said there are no houses. He does not know where he will find accommodation.
35The father is opposed to an increase in the time Child A spends with the mother during the school term such that her time with the mother during the three weekends out of four is extended to Monday mornings. The reasons for the father's opposition, are that Child A has head lice which he believes she contracted when with her mother. Child A shares a bed with her mother when spending time with her. The father did not agree that Child A would like to spend an additional night with the mother. He did however say Child A likes going to her mum but doesn’t like being told off by other adults. He requires Child A home on Sunday to get her ready for school the following day. He said they have a routine on Sunday night. He had been treating Child A's hair for head lice over the past several days.
36The father is opposed to an injunction that he not attend school on a Friday before the mother collects Child A. He said it is necessary for him to do so, so that Child A can be provided with her medication for the weekend and to enable him to collect Child A's school bag and school uniform because items are not returned from the mother's home or are lost or damaged at the end of the weekend.
37The father's understanding is that Child A must attend a school within her catchment area. The father proposes that Child A attend High School B. This school is close to his current accommodation. He acknowledged that he may move from his parent's home, but he said he would comply with Court orders and would commit to Child A at least finishing the semester or current academic year at High School B even if he moved some distance away. The father said Child A wishes to attend High School B but does not want to be involved in the disagreement. She is excited about attending High School B as her three cousins are in the same year as her and a cousin is in a higher year there. The school is convenient to her current living arrangements. This week the father has been home schooling her.
38The father is opposed to Child A attending High School A. He said Child A was not settled at Primary School E and there is a problem with bullying. The father deposed the travel time from his home in Suburb A to Suburb D is about 45 minutes each way depending on traffic. The daily travel is onerous for Child A as part of her afternoon is taken up travelling and the travel is costly for the father. The travel time encroached into Child A's homework time.
39The father is opposed to an order that he be restrained from changing Child A's school and place of residence. He foreshadows finding alternate accommodation in the future, but he does not know where that will be. He relied on the words of the order which provide that Child A attend such other school as may be agreed.
40The father expressed concern about Child A's living arrangements when with the mother, including the other residents in the home. He expressed concern about the mother driving safely, even though the mother's driving is currently supervised.
41The father's proposal is that Child A attend High School B. For the purposes of her time with the mother he would take her to [Suburb E] train station on a Friday after school from where the mother may collect her. Upon return on Sunday, the mother should bring Child A to [Suburb F] train station at 5.00 pm from where he would collect her. As an alternative, the father proposed that the mother could collect Child A on Friday afternoon at the commencement of her time and he would collect Child A on a Sunday at Suburb F.
The mother and her position
42The mother was represented by counsel. I consider she gave honest evidence including a concession against interest when asked about Child A's views as to the school to be attended by her. The mother gave her answers in simple terms to the best of her ability.
43The mother lives in rented accommodation in Suburb B. The lease for the four-bedroom home is in the name of the mother, the maternal grandmother and the mother's sister. Living in the home is the mother, the maternal grandmother, the mother's sister and her five‑year‑old child and the mother's brother and his partner, [Ms A]. The mother does not plan to live independently. She too proposes to relocate. The maternal grandmother is awaiting finance approval to enter into a contract for the purchase of a house and land package, with a view to building a home in Suburb C, a suburb which is a 15-minute drive from Suburb D. It is anticipated the home may be built by the end of 2022, although it may be later. The maternal grandmother said the home was to be built to provide accommodation for herself, the mother and the mother's sister. At this time that is their future plan.
44The mother wishes Child A to attend High School E, to continue her education having attended Primary School E from 2019 to 2021. The mother wishes Child A to move into high school with her cohort. The mother frankly stated that Child A did not wish to attend High School A and that she wished to attend High School B. Child A said this was because of the bullies but the mother told her there are bullies in every school and schools do not tolerate bullying.
45The mother relied on Child A's school reports demonstrating significant progress in semester 2 of the 2021 academic year.
46The mother wishes Child A's time with her at the weekends to be extended such that Child A spends time with her from after school on a Friday to Monday, or Tuesday if Monday is a public holiday. The mother proposes to collect Child A from school and will collect her whether she is at High School E or High School B. The mother proposes to return Child A to school on a Monday. For the most part the mother will have transport and will not require to use public transport. The maternal grandmother confirmed her motor vehicle is available to the mother. The mother has a learner's permit at this time and must drive under supervision and either the maternal grandmother or Ms A will supervise her. In the event the car or a supervisor is not available, the mother would have to use public transport.
47I am unsure if there was a car available to the mother on Child A's last day of school last year, but the mother said she forgot to attend Child A's graduation.
48When Child A spends time with the mother, she shares a bed with her. There are four bedrooms in the mother's home. It was put to the mother that in this way, head lice would have transferred to Child A, but the mother said she did not have head lice. The mother denied her family have explosive fights and said everyone has fights "here and there". She said if they get angry, they go for a walk and come back when they have cooled down.
49The mother is opposed to the father attending school on a Friday to collect Child A's school bag and to ensure that she changes out of her school uniform before going into her care. The mother described this as humiliating and embarrassing for Child A and deposed this placed unnecessary anxiety upon her and she wishes to avoid any contact or confrontation with the father. The mother said she reminds Child A to get her things ready and mostly Child A returns home with them. Occasionally she forgets things.
50The travel between the mother's current residence and the home to be built in Suburb C, between those homes and the Primary School E is a short distance of about 15 minutes. The mother acknowledged telling the father that she was opposed to the change of school because it was too far for her to travel.
51The mother is willing to seek the father's permission for interstate or overseas travel and would require him to do the same.
THE LAW
52These proceedings are determined under Part VII of the Family Law Act1975 (Cth) ("the Act").
53In reaching my decision I will be guided by the objects of that Part and the principles underlying those objects.
54In deciding whether to make a particular parenting order, s 60CA directs me to regard the best interests of the child as the paramount consideration. Section 60CC sets out how I determine what is in a child's best interests. I must consider the primary and additional considerations.
Parental responsibility
55Pursuant to s 61DA of the Act, when making a parenting order in relation to a child, the court must apply a presumption that it is in the child's best interests for the parents to have equal shared parental responsibility for the child.
56Equal shared parental responsibility imposes an obligation upon the parents to consult as to major long-term issues regarding the child and to make a genuine effort to come to a joint decision about such an issue. Major long-term issues in relation to a child are defined in the Act at s 4 as issues about the care, welfare and development of the child of a long‑term nature and includes issues of that nature about:
(a)the child's education (both current and future);
(b)the child's religious and cultural upbringing;
(c)the child's health;
(d)the child's name; and
(e)changes to the child's living arrangements that make it significantly more difficult for the child to spend time with a parent.
Child A's best interests
57 It is to the benefit of Child A to have a meaningful relationship with both of her parents.
58 As to the need to protect Child A from harm, the father expressed concerns about the mother's behaviour, however those are matters of which the parties were aware at the time the orders were made by consent in August 2021. The father also expressed concern about the mother driving safely with Child A.
59 The mother alleged the father intimidates her and she wishes to have no contact with him.
60 I do not consider that Child A is at risk of harm in the care of either party. Her most recent school report stated she was a happy student. She was described as a lovely student who is always kind and thoughtful and is a good friend. She was also described as having strong moral compass and making wise choices.
61 The father described Child A as "amazing". I accept that Child A likes her time with the mother.
62 Upon the evidence I consider there is a not a need to protect Child A from physical or psychological harm from being subjected to, or exposed to abuse, neglect or family violence in the care of either party.
63 As to Child A's views, I accept she wishes to attend High School B and does not want to attend High School E.
64 I do not know Child A's views on spending additional time with the mother, although it is likely she enjoys her time with her. The father did not agree Child A would like an additional night with her mother.
65 Child A has a close and loving relationship with both of her parents.
66 On 13 August 2021 an order was made that the parties have equal shared parental responsibility for Child A. I have some doubts as to the extent to which each of the parties has participated in making decisions about major long-term issues in relation to Child A. They do not communicate well. The father has not consulted with the mother before relocating and changing Child A's school.
67 The orders proposed by both parties do not involve a separation of Child A from either of her parents or other person.
68 As to practical difficulty and expense this concerns the travel time between Child A's home and her school. Pursuant to the final orders, Child A lives with the father. He currently resides in Suburb A. It is convenient and practicable for Child A to attend High School B, close to the father's accommodation. There is a drive of about 45 minutes, depending on traffic to High School E.
69 In terms of the current living arrangements, the mother collects Child A from school on Friday in three out of four weeks and returns her to the father on Sunday. In three out of four weeks, on Mondays to Thursdays the father is responsible for the school drop-off and pick-up, and on a Friday for the school drop-off.
70 If Child A attends High School E, she would undertake two trips of about 45 minutes each on Monday to Thursday, and the father would undertake four trips on those days. Three out of four Fridays are handover days.
71 Attendance at High School E would therefore involve substantial travel for Child A and the father, but little travel for the mother. The father said and I accept, that lengthy travel from school in the afternoons takes up Child A's afternoons which takes away from her ability to do homework.
72 Both parties appear to have the capacity to provide for Child A's needs, including her emotional and intellectual needs. The matters set out above suggest she is doing well.
73 Child A is 12 years of age. She is at an age where she should be able to manage her own belongings when travelling between homes.
74 Both parties have a responsible attitude to parenthood. The mother was critical of the father not consulting with her before moving and changing Child A's school. He has the responsibility of Child A living with him and when he faced accommodation difficulties had to take steps to find alternative accommodation which necessitated a change of school.
75 There was no evidence as to family violence currently involving Child A, or a member of her family and no family violence order is in place.
76 It would be preferable to make an order which is least likely lead to the institution of further proceedings in relation to Child A. The difficulty is that it is impossible to predict what the long-term accommodation arrangements will be for Child A and it may be that there will be changes for her in the future.
77 As to any other fact or circumstance that the Court thinks is relevant, both parties are living with their parents. I am not critical of either party’s living arrangements. The evidence of the father is that rental accommodation is difficult to come by. Neither party has particularly stable accommodation arrangements either now or in the future. It may be they are not able to enjoy the certainty and stability of fixed accommodation as they would like to do. Nevertheless I am satisfied that both parties will do their best for Child A. Although the father's evidence as to the future accommodation sounded uncertain, he frankly said he did not know where he would be living and what arrangements would be made for Child A at any future time.
CONCLUSIONS
78I have concluded that Child A should attend High School B and she should be enrolled to commence there immediately. Child A should attend High School B while the father resides in the catchment area for that school and for as long as possible.
79I am satisfied this is what Child A wants and I am also satisfied she does not wish to attend High School E. Child A is 12 years of age and her views should be taken into account.
80High School B is close to the father's current accommodation. While he may not remain at his parent's home, and it is unlikely he will do so, he will endeavour to keep Child A at High School B for as long as practicable.
81It is more convenient and less onerous for Child A to attend High School B which is a short distance from her current home and does not involve lengthy travel.
82I have concluded that the time Child A spends with the mother at weekends should not be extended from to Monday before school. I have some reservations about the mother's ability to drive Child A to school on Monday mornings, a distance with a travel time of about 45 minutes, possibly in rush hour. At this time the mother requires to be supervised by a qualified driver. There is some uncertainty about those arrangements in that she relies on the availability of others. The maternal grandmother said the car would be available to the mother but if not, it would be necessary to use public transport. I consider that to require the mother to get Child A to school on Mondays may place undue difficulty or pressure upon her at this time.
83I take into account that the mother is able to engage with the school on the Fridays when she collects Child A. She will be able to do so without difficulty if the father is not in attendance at the school. I also take into account that Child A spends half of the school holidays with the mother.
84The mother's living arrangements require Child A to sleep in her bed, which is not desirable but appears to be necessary at this time. I do not think it can be assumed that the mother is responsible for Child A having head lice.
85Once the mother moves to the maternal grandmother's new home in Suburb C, when built, the arrangements for her accommodation may be more satisfactory. The mother's application for an extension of time can be renewed then. In the meantime, it is preferable that Child A's attendance at school on Mondays is an uneventful one and I am not persuaded it is in her best interests to extend the time as sought by the mother.
86I have concluded that the father should not attend school on a Friday when or before the mother collects Child A at the commencement of Child A 's time with her at weekends. I accept that the mother is intimidated by the father. I consider there is a risk of Child A being exposed to conflict between her parents which should be avoided. Arrangements will need to be made about the safekeeping of ADHD medication and it will be necessary for Child A and the mother to manage Child A's clothing and belongings. I accept the mother's evidence that it is embarrassing for Child A to meet with the father each Friday before spending time with the mother to have her clothes changed and her belongings collected. She is now in high school and that should no longer be necessary.
87I have concluded that there should not be a final injunction restraining the father from changing Child A's school and principal place of residence except with the mother's written consent. That is not a commitment the father can make in circumstances where he does not have permanent accommodation and is looking for alternative accommodation.
88I have set out the meaning of equal shared parental responsibility and the obligation it imposes upon the parties as above. The order for equal shared parental responsibility requires the parties to consult and make a genuine effort to reach agreement about changes to Child A's living arrangements that make it significantly more difficult for her to spend time with a parent.
89I consider the order sought by the mother is one which is likely to give rise to future proceedings, including contravention proceedings.
90There is on an interim basis an injunction restraining the parties from removing Child A from the Commonwealth of Australia and/or the State of Western Australia. Her name is on the Watchlist until [2027]. Both parties have indicated they would wish to travel with Child A, but neither party sought to have this order discharged. Upon the evidence I consider it should remain in place and be made final. It is to be hoped that when and if the parties wish to travel with Child A, they can reach agreement in that respect.
THE ORDERS
91Subject to hearing from the father and counsel, I propose to make the following orders:
1The father is permitted to enrol the child, [Child A], born [in] 2009 at [High School B] with immediate effect.
2Paragraph 14 of the orders dated 13 August 2021 be discharged.
3The child spends time with the mother for 3 consecutive weekends from after school Friday until Sunday 5.00 pm or such other extended period as agreed between the parties in writing.
4The father shall not attend school on Friday at the conclusion of school when [Child A] is to be collected by the mother.
5Paragraph 11 of the orders dated 18 September 2019 be discharged.
6There be a final order, the parties and their servants and/or agents be restrained and an injunction is hereby granted restraining them from removing or attempting to remove or causing or permitting the removal of the child, [CHILD A], (female) born [in] 2009, from the Commonwealth of Australia and/or the State of Western Australia, except with the written consent of the other party, or order of this Court.
7It is requested that the Australian Federal Police give effect to this order by placing the name of the said child on the Family Law Watch List in force at all points of arrival and departure in the Commonwealth of Australia and maintain the child’s name on the Watch List.
8The injunction contained in the previous paragraph of this order remain in force or until the said child attain the age of 18 years.
9Upon expiration of the period referred to in the preceding paragraph and subject to any further order of a Court of competent jurisdiction, the Australian Federal Police will cause the removal of the said child's names from the Watch List.
10The Marshal and Officers of the Australian Federal Police and the Police Forces of the States and Territories are requested and authorised to give effect to these orders.
11The Applicant, [Mr Duffy] is to provide immediately to the Australian Federal Police a 24 hour contact telephone number.
12The said proceedings otherwise be dismissed.
13All documents produced by named persons pursuant to subpoena be returned or destroyed in accordance with the request from the named person on the expiration of 42 days from this order.
14In relation to material tendered as an exhibit into evidence in these proceedings:
(a)all parties must collect the exhibits tendered by them ("their exhibits"), from the chambers of Justice Duncanson, at least 28 days, and no later than 42 days, from today’s date;
(b)all parties must contact the chambers of Justice Duncanson to arrange the collection of their exhibits;
(c)in default of compliance with subparagraph (a), all material tendered as an exhibit, save and except for material produced pursuant to subpoena, will be destroyed by the court without notice to the parties.
15In the event of an appeal being lodged prior to the expiration period of 42 days, paragraphs 13 and 14 above do not apply.
92I shall publish orders in terms of a consolidated minute so that the parties only require to refer to one document which will contain all of the parenting orders.
THE CONSOLIDATED MINUTE
93The following orders made on 13 August 2021 remain in full force and effect (applying the same numbering as in the minute):
2The child, [Child A] born [in] 2009 ("the child") shall live with the Applicant Father.
3The Applicant Father and the Respondent Mother have equal and shared parental responsibility for decisions concerning the child's long-term care, welfare and development.
6That the child spend time with the Applicant Father on the weekend following the Mother's time.
7That the child spends one half of the school term and summer school holidays on a week about arrangement with the parties, with the first week of any school holidays to be spent with the Respondent Mother or as agreed between the parties in writing.
8That the parties authorise any treating medical practitioner that the child attends to provide any information pertaining to that child to each party with both parties at liberty to attend.
9That a copy of these Orders be provided to the child’s school and health care provider.
10That the parties utilise Facebook messenger to communicate on all issues concerning the child with each party to check their telephone 15 minutes before and after handover.
11That commencing 2021 and each alternate year thereafter, the child spend time with the Applicant Father from 5:00 pm Christmas Eve until 5:00pm boxing day unless otherwise agreed.
12That commencing 2022 and each alternate year thereafter, the child spend time with the Respondent Mother from 5:00 pm Christmas Eve until 5:00 pm boxing day unless otherwise agreed.
13That the parties ensure that the child attends upon a paediatrician at the [Medical Centre A] or any other such centre as is agreed between the parties, and comply with all recommendations in relation to medical advice regarding medication and other aspects of the child's medical treatment.
15That the parties be at liberty to provide the child's school with a copy of these Orders and authorise the school to provide to each party all communications from the school.
16That there be an injunction precluding the parties from discussing the current Family Court proceedings.
17That the parties forthwith provide each other with their current residential address and telephone contact details and keep each other updated at all times.
The following order dated 18 September 2019 remains in full force and effect
(applying the same numbering as in the minute):
5The parties be permitted to attend at the said child’s school for the purpose of attending events and meetings that are usually attended by parents.
The following additional orders are made:
1The father is permitted to enrol [Child A], born [in] 2009 at [High School B] with immediate effect.
2Paragraph 14 of the orders dated 13 August 2021 be discharged.
3The child spends time with the mother for 3 consecutive weekends from after school Friday until Sunday 5.00 pm or such other extended period as agreed between the parties in writing.
4The father shall not attend school on Friday at the conclusion of school when [Child A] is to be collected by the mother.
5Paragraph 11 of the orders dated 18 September 2019 be discharged.
6There be a final order, the parties and their servants and/or agents be restrained and an injunction is hereby granted restraining them from removing or attempting to remove or causing or permitting the removal of the child, [CHILD A], (female) born [in] 2009, from the Commonwealth of Australia and/or the State of Western Australia, except with the written consent of the other party, or order of this Court.
7It is requested that the Australian Federal Police give effect to this order by placing the name of the said child on the Family Law Watch List in force at all points of arrival and departure in the Commonwealth of Australia and maintain the child’s name on the Watch List.
8The injunction contained in the previous paragraph of this order remain in force or until the said child attain the age of 18 years.
9Upon expiration of the period referred to in the preceding paragraph and subject to any further order of a Court of competent jurisdiction, the Australian Federal Police will cause the removal of the said child/children's names from the Watch List.
10The Marshal and Officers of the Australian Federal Police and the Police Forces of the States and Territories are requested and authorised to give effect to these orders.
11The Applicant, [Mr Duffy] is to provide immediately to the Australian Federal Police a 24 hour contact telephone number.
12The said proceedings otherwise be dismissed.
13All documents produced by named persons pursuant to subpoena be returned or destroyed in accordance with the request from the named person on the expiration of 42 days from this order.
14In relation to material tendered as an exhibit into evidence in these proceedings:
(a)all parties must collect the exhibits tendered by them ("their exhibits"), from the chambers of Justice Duncanson, at least 28 days, and no later than 42 days, from today’s date;
(b)all parties must contact the chambers of Justice Duncanson to arrange the collection of their exhibits;
(c)in default of compliance with subparagraph (a), all material tendered as an exhibit, save and except for material produced pursuant to subpoena, will be destroyed by the court without notice to the parties.
15In the event of an appeal being lodged prior to the expiration period of 42 days, paragraphs 13 and 14 above do not apply.
I certify that the preceding paragraph(s) comprise the reasons for decision of the Family Court of Western Australia.
RM
Associate
7 FEBRUARY 2022
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