FEDERAL CIRCUIT COURT OF AUSTRALIA
| EDWARDS & STARR | [2015] FCCA 602 |
| Catchwords: FAMILY LAW – Further interim parenting orders to restore original parenting arrangement agreed to by parties – best interests of young baby with young sibling from Father’s previous relationship – Mother having previously relocated from Canberra to Sydney – final hearing to commence in approximately 10 weeks’ time – family report yet to issue but interviews having been completed – regular dilemma for trial court to accommodate urgent applications, large volumes of applications, the efficient allocation of court resources (especially “time”) and case management considerations. |
| Legislation: Family Law Act 1975, ss.60B(1) & (2), 60CA, 60CC(2)(a), 60CC(3)(b) & 60CC(3)(d)(ii) |
| AON Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Edwards & Starr (Stay Application) [2015] FCCA 53 |
| Applicant: | MR EDWARDS |
| Respondent: | MS STARR |
| File Number: | CAC 1457 of 2014 |
| Judgment of: | Judge Neville |
| Hearing date: | By written submissions |
| Date of Last Submission: | 20 February 2015 |
| Delivered at: | Canberra |
| Oral reasons delivered | 27 February 2015 |
Written reasons requested 10 March 2015
Written reasons provided 17 March 2015
REPRESENTATION
| Solicitors for the Applicant: | Alliance Family Law |
| Solicitors for the Respondent: | Elizabeth Fleming & Associates |
| Solicitors for the Independent Children's Lawyer: | Legal Aid, ACT |
ORDERS
THE COURT ORDERS THAT:
In the absence of agreement in writing between the parties, the child X (born (omitted) 2014) (“X”) shall spend with his Father (and his brother Y) no less than two block periods per week, each of which is to be no less than two hours.
Other than periods of hand-over of no more than 15 minutes at the start and the end of the Father’s time with the child, the Mother shall remove herself from the child’s presence and remain no less than 500 metres from the Father and X unless the Father requests the Mother’s attendance.
In the absence of agreement in writing between the parties, changeover shall be at the Father’s residence.
The Father shall be required to telephone the Mother in the event that the child becomes unusually distressed.
The Mother is to provide the Father with relevant contact details within 48 hours of the date of these orders.
THE COURT NOTES THAT:
A.For the purposes of Order 3 above, the Father says that the Mother knows his address.
IT IS NOTED that publication of this judgment under the pseudonym Edwards & Starr is approved pursuant to s.121(9)(g) of the Family Law Act 1975
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- AGLC
- EDWARDS & STARR [2015] FCCA 602
- Case
- [2015] FCCA 602
- Decision Date
CaseChat Overview and Summary
The court was required to determine the appropriate interim parenting arrangements for X, balancing the best interests of the child with the practicalities of case management and the efficient allocation of court resources. This included considering the urgency of the application, the proximity of the final hearing, and the need to address the existing parenting arrangements in light of the Mother's relocation.
Judge Neville reasoned that it was in X's best interests to maintain a relationship with his brother Y, particularly given X's young age. The court acknowledged the regular dilemma faced by trial courts in accommodating urgent applications while managing case flow and resources. To facilitate the relationship between X and Y, the court made orders for X to spend two block periods per week with his Father, each of at least two hours. The orders also stipulated that the Mother should remain at least 500 metres from X during the Father's time, unless requested otherwise, and that changeovers should occur at the Father's residence. The Father was also required to contact the Mother if X became unusually distressed.
Orders
Orders of the court
THE COURT ORDERS THAT:
1. In the absence of agreement in writing between the parties, the child X (born (omitted) 2014) (“X”) shall spend with his Father (and his brother Y) no less than two block periods per week, each of which is to be no less than two hours.
2. Other than periods of hand-over of no more than 15 minutes at the start and the end of the Father’s time with the child, the Mother shall remove herself from the child’s presence and remain no less than 500 metres from the Father and X unless the Father requests the Mother’s attendance.
3. In the absence of agreement in writing between the parties, changeover shall be at the Father’s residence.
4. The Father shall be required to telephone the Mother in the event that the child becomes unusually distressed.
5. The Mother is to provide the Father with relevant contact details within 48 hours of the date of these orders.
THE COURT NOTES THAT:
A. For the purposes of Order 3 above, the Father says that the Mother knows his address.
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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