FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Fisher & Fisher (No 2) [2023] FedCFamC1F 1046
File number(s): CSC 191 of 2019 Judgment of: JARRETT J Date of judgment: 8 December 2023 Catchwords: FAMILY LAW – PARENTING – Application to vary parenting orders – Final orders restrained the applicant from relocating out of the City B area – Applicant held no intention to relocate at time of trial – Applicant subsequently formed intention to relocate to City J – Change of circumstances established – Change of circumstances not material – Application dismissed Legislation: Family Law Act 1975 (Cth) s 62G(2)
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 r 8.15(3)(e)
Cases cited: Defrey & Radnor [2021] FamCAFC 67
Fisher & Fisher [2022] FedCFamC1F 921
Marsden v Winch (2009) 42 Fam LR 1,[58]
Miller & Harrington (2008) FLC 93-383, [105]
Rader & Haines (No 2) [2023] FedCFamC1A 115, [62]
Rice & Asplund (1979) FLC 90-725
SPS and PLS (2008) FLC 93-363, [81]; [84]
The Marriage of D & Y (1995) FLC 92-581
U & U (2002) 29 Fam LR 74, [176]
Division: Division 1 First Instance Number of paragraphs: 31 Date of hearing: 17 November 2023 Place: Brisbane Counsel for the Applicant: Ms Musumeci Solicitors for the Applicant: Strategic Lawyers Solicitors for the Respondent: Litigant in person ORDERS
CSC 191 of 2019 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS FISHER
Applicant
AND: MR FISHER
Respondent
ORDER MADE BY:
JARRETT J
DATE OF ORDER:
8 DECEMBER 2023
THE COURT ORDERS THAT:
1.The application filed on 21 April, 2023 is dismissed.
2.Counsel and solicitor for the applicant who appeared on 17 November, 2023 must appear before the court at 9.30am on 19 December, 2023 and may make submissions they see fit concerning the matter raised in paragraph [31] of the reasons for judgment delivered on 8 December, 2023.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
JARRETT J:
On 2 December, 2022 Baumann J made final parenting and property adjustment orders between these parties following a five-day hearing: Fisher & Fisher [2022] FedCFamC1F 921. The parenting orders concerned their children, X (now 13 years of age) and Y (now 12 years of age).…
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- Case
- [2023] FedCFamC1F 1046
- Decision Date
CaseChat Overview and Summary
The court found that Ms Fisher had established a change of circumstances by demonstrating her intention to relocate to City J. However, the court determined that the change was not material enough to warrant a variation of the existing parenting orders. The court considered several factors, including the impact of the relocation on the children, the quality of the relationship between the children and each parent, and the practicality and feasibility of maintaining a meaningful relationship between the children and the non-relocating parent. The court concluded that the proposed relocation would not significantly benefit the children and would potentially harm their relationship with the non-relocating parent. Consequently, the court dismissed the application and made orders requiring the applicant's counsel and solicitor to make submissions on a specific matter raised in the reasons for judgment.
Orders
Orders of the court
CSC 191 of 2019
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MS FISHER
Applicant
AND:
MR FISHER
Respondent
ORDER MADE BY:
JARRETT J
DATE OF ORDER:
8 DECEMBER 2023
THE COURT ORDERS THAT:
1. The application filed on 21 April, 2023 is dismissed.
2. Counsel and solicitor for the applicant who appeared on 17 November, 2023 must appear before the court at 9.30am on 19 December, 2023 and may make submissions they see fit concerning the matter raised in paragraph [31] of the reasons for judgment delivered on 8 December, 2023.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
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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