FEDERAL MAGISTRATES COURT OF AUSTRALIA
| F & F | [2007] FMCAfam 831 |
| FAMILY LAW – Parenting – relocation – equal shared parental responsibility – estrangement between parent and child – meaningful parent/child relationship. |
| Family Law Act 1975, ss.4, 60B (1) & (2), 60CA, 60CC (2), (3), (3)(a) & (4), 60CA, 60CD (1), 65AA (1), (2) & (5), 65DAA, 65DAC, 94AAA(3) Family Law Amendment (Shared Parental Responsibility) Bill 2005 Australian Journal of Family Law Family Law Council’s Report to the Attorney-General, Relocation, May 2006 Family Law Amendment (Shared Parental Responsibility) Act 2006 Commonwealth Parliamentary Debates, (Senate) (27th March 2006) p.78 (Senator Santoro) |
| A v A: Relocation Approach (2000) FLC 93-035 AMS v AIF (1999) 199 CLR 160 B and B (NA27 of 2006) [1] Bolitho and Cohen (2005) FLC 93-224 Christie v Christie (2007) 37 Fam LR 126 D and SV (2003) FLC 93-137 Gillick v West Norfolk AHA [1986] AC 112 Godfrey & Sanders [2007] FamCA 102 Goode v Goode (2007) 36 Fam LR 422 Gordon v Goertz (1996) 134 DLR (4th) 321 H and H (EA 73 of 2004) [2005] FamCA 805 H and L (2000) FLC 93-036 M v S (2007) 37 Fam LR 32 Martin and Matruglio, (1999) FLC 92-876 Morgan & Miles [2007] FamCA (17th October 2007) Paskandy and Paskandy (1999) FLC 92-878 Payne v Payne [2001] Fam 473 Powell and Ptolemy (2005) FLC 93-239 Secretary, Department of Health and Community Services v JWB and SMB (Marion’s Case) (1992) 175 CLR 218 Taylor & Barker [2007] FamCA (19th October 2007) U v U (2002) 211 CLR 238 W v R (2006) 35 Fam LR 608 Walls & Robinson (2006) FLC 93-251 |
| Applicant: | ALF |
| Respondent: | SPF |
| File Number: | CAM 2336 of 2000 |
| Judgment of: | Neville FM |
| Hearing dates: | 16 & 17 August 2007 |
| Date of Last Submission: | 17 August 2007 |
| Delivered at: | Canberra |
| Delivered on: | 24 October 2007 |
REPRESENTATION
| Counsel for the Applicant: | Ms Godtschalk |
| Solicitors for the Applicant: | Legal Aid Office ACT |
| Solicitors for the Respondent: | Mr F in person |
ORDERS
All previous Orders are discharged.
That Ms F be permitted to relocate with the children MCF born October 1991 and DPF born May 1995 to G, NSW.
Both parents of M and D have equal shared parental responsibility for their children.
Mr F be provided with all relevant school reports from M’s and D’s new school in G.
The children, M and D, shall continue to live with their Mother, Ms F.
Subject always to further and or alternative agreement between the parties, Mr F shall spend time with D as follows:
(i)Each alternate weekend from Friday afternoon until Monday or Tuesday morning if a long weekend;
(ii)For one half of the school holiday periods occurring at the end of the first and third school terms;
(iii)For the entire school holiday period occurring at the end of the second term;
(iv)For a period of three weeks each summer school holidays being the first 3 weeks in odd-numbered…
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- AGLC
- F and F [2007] FMCAfam 831
- Case
- [2007] FMCAfam 831
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved the best interests of the children in terms of their residence and the allocation of parental responsibility. The court had to consider whether the proposed relocation was in the best interests of the children and if so, what parenting arrangements would best serve their welfare.
The court found that the relocation to G was in the best interests of the children. The reasoning included the consideration of the children's established residence with their mother, the benefits of the new environment for their education and social development, and the ability to maintain a meaningful relationship with their father. The court emphasised the importance of the children having a stable home environment while allowing the father to have substantial and significant parenting time. The orders reflect a balanced approach to ensure both parents have a meaningful role in the children's lives while prioritising the children's welfare.
Orders
Orders of the court
1.
All previous Orders are discharged.
2.
That Ms F be permitted to relocate with the children MCF born October 1991 and DPF born May 1995 to G, NSW.
3.
Both parents of M and D have equal shared parental responsibility for their children.
4.
Mr F be provided with all relevant school reports from M’s and D’s new school in G.
5.
The children, M and D, shall continue to live with their Mother, Ms F.
6.
Subject always to further and or alternative agreement between the parties, Mr F shall spend time with D as follows:
(i) Each alternate weekend from Friday afternoon until Monday or Tuesday morning if a long weekend;
(ii) For one half of the school holiday periods occurring at the end of the first and third school terms;
(iii) For the entire school holiday period occurring at the end of the second term;
(iv) For a period of three weeks each summer school holidays being the first 3 weeks in odd-numbered years, and being the last 3 weeks in even-numbered years;
(v) In even-numbered years, from 3pm Christmas Day until 10am Boxing Day, unless the Mother is away from G with D;
(vi) In odd-numbered years, from 3pm on Christmas Day until 10am Boxing Day with Ms F, unless Mr F is away from C with D.
7.
Mr F shall communicate with D at any reasonable time, and by any reasonable means, including email and other information/ communication technology.
8.
For the purposes of hand-over, the parents shall agree upon a suitable point, approximately mid-way between C and G.
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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