JURISDICTION : FAMILY COURT OF WESTERN AUSTRALIA
ACT: FAMILY LAW ACT 1975
LOCATION: PERTH
CITATION: EADES and WRENSTED [2014] FCWA 15
CORAM: WALTERS J
HEARD: 29, 30 & 31 JANUARY 2014
DELIVERED : 5 MARCH 2014
FILE NO/S: PTW 3045 of 2012
BETWEEN: EADES
Applicant Wife
AND
WRENSTED
Respondent Husband
Catchwords:
CHILDREN – TEMPORARY RELOCATION – Where parents separated in 2010 – Where children live with mother and spend time with father – Where mother and father have acrimonious and conflictual relationship – Where mother's husband is employed in Thailand – where mother wishes to spend 18 months with her husband in Thailand and take children with her – Where there are substantial financial and other benefits for mother and her husband if they spend the 18 month period in Thailand – Where father opposes temporary relocation – Where the legitimate interests and desires of mother are relevant to children's best interests – Whether father can maintain meaningful relationship with children if temporary relocation is permitted – Temporary relocation permitted
Legislation:
Family Law Act 1975 (Cth), Pt VII, s 4(1), s 60B, s 60CA, s 60CC, s 60CC(2), s 61DA, s61DA(3), s 64B, s64B(3), s 65D(1), s 65DAA(1), s 65DAA(2), s 65DAA(5), s 65DAC, s 65DAE
Category: Not Reportable
Representation:
Counsel:
Applicant: Ms G Anderson
Respondent: Self Represented Litigant
Solicitors:
Applicant: Cullen Babington & Hughes
Respondent:
Case(s) referred to in judgment(s):
AMS v AIF (1999) 199 CLR 160 (at [144]
Bretton & Bondai [2013] FamCAFC 168
Champness & Hanson (2009) FamCAFC 96
Collu & Rinaldo [2010] FamCAFC 53
Cox & Pedrana [2013] FLC 93-537
DL & W [2012] FLC 93-496
Goode & Goode [2006] FLC 93‑286
Heath & Heath [2012] FamCA 844
Hungerford & Tank [2007] FamCA 637
Jets & Maker (No 2) [2011] FMCAfam 1473
M & S [2007] FLC 93-313
Mabry & Neilson [2013] FCCA 478
Marsden & Winch (No 3) [2007] FamCA 1364
Marsden v Winch (2009) 42 Fam LR 1
Mazorski & Albright (2008) 37 Fam LR 518
McCall & Clark (2009) FLC 93-405
McLay (1996) FLC 92-667
Mills & Watson (2008) 39 Fam LR 52
Moose (2008) FLC 93-375
Morgan & Miles [2007] FLC 93-343
Re F – Litigants in Person Guidelines [2001] FLC 93-072
Rice & Asplund (1979) FLC 90-725
Saxena [2006] FLC 93-268
Sayer& Radcliffe [2012] 48 FamLR 298
Selkin & Artliff-Selkin [2013] FamCAFC 19
Starr & Duggan [2009] FamCAFC 115
Taylor & Barker [2007] FLC 93-345
WORDS IN SQUARE BRACKETS REPLACE WORDS USED IN THE ORIGINAL
JUDGMENT - PARTIES’ NAMES AND IDENTIFYING DETAILS HAVE BEEN
CHANGED
Introduction and background
1These proceedings concern a mother's application for permission to relocate her two children from Australia to Thailand on a temporary basis. The mother's partner has obtained employment in [City A], Thailand. The mother proposes to live with her partner in City A for a maximum of 18 months, during which time she and the children will return to Australia regularly.
2The children's father opposes the temporary…
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- AGLC
- Eades & Wrensted [2014] FCWA 15
- Case
- [2014] FCWA 15
- Decision Date
CaseChat Overview and Summary
The court considered the various factors relevant to the children's best interests, including the nature of the relationship between the children and each parent, the extent to which each parent was able to provide for the children's needs, and the views of the children themselves. The court found that the legitimate interests and desires of the mother were relevant to the children's best interests and that the financial and other benefits to the mother and her husband were not determinative. The court also considered the father's ability to maintain a meaningful relationship with the children if the relocation was permitted. The court found that the father could maintain a meaningful relationship with the children if the relocation was permitted, and that the benefits to the children of spending time with their mother in Thailand outweighed the potential harm of disrupting their relationship with their father.
The court permitted the temporary relocation of the children to Thailand with their mother, subject to certain conditions designed to ensure the children's welfare and to facilitate their ongoing relationship with their father. The court made orders for the mother to provide the father with regular updates on the children's welfare and to facilitate the father's contact with the children during the relocation period. The court also made orders for the parties to attend family consultation services to assist them in managing their relationship and co-parenting effectively during the relocation period.
Orders
Orders of the court
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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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