FAMILY COURT OF AUSTRALIA
| FITZROY & FITZROY AND ORS | [2009] FamCA 954 |
| FAMILY LAW – CHILDREN – With whom a child lives – With whom a child spends time – Relocation |
| Family Law Act 1975 (Cth) |
| AMS v AIF (1999) 124 FamLR 756 CDJ & VAJ (1998) 197 CLR 172 G v C [2006] FamCA 994 Godfrey v Sanders [2007] FamCA 102 Goldrick & Goldrick [2007] FamCA 1260 Goode & Goode [2006] FLC 93-286 Marsden and Winch (No3) [2007] Fam CA 1364 Mazorski v Albright [2007] FamCA 520 McCue and Costa [2009] FamCAFC 92 Mulvany and Lane [2009] FamCA 76 Neil v Nott (1994) 68 ALJR 509 Pitkin and Hendry [2008] Fam CA 186 Rosa and Rosa [2009] FamCAFC 81 Sampson & Hartnett [2007] FamCA 1365 Secretary, Department of Health and Community Services v. JMB & SMB (1992) 175 CLR 218 Taylor & Barker [2007] Fam CA 1246 U v U (2002) 29 FamLR 74 |
| APPLICANT: | Mr Fitzroy |
| RESPONDENT: | Ms Fitzroy |
| INTERVENORS: | Mr and Mrs Fitzroy (Snr) |
| INDEPENDENT CHILDREN’S LAWYER: | Robert Grant |
| FILE NUMBER: | BRC | 5947 | of | 2008 |
| DATE DELIVERED: | 6 October 2009 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | Murphy J |
| HEARING DATE: | 5 & 6 August 2009 |
REPRESENTATION
| SOLICITOR FOR THE APPLICANT: | Mr Rosen Rosen Lawyers |
| RESPONDENT: | In person |
| INTERVENORS: | In person |
| COUNSEL FOR THE INDEPENDENT CHILDREN'S LAWYER: | Mr Anderson |
| INDEPENDENT CHILDREN'S LAWYER | Grant & Associates |
Orders
IT IS ORDERED THAT
The parents of the children L born … January, 2003 and A born … June, 2005 (“the children”) have equal shared parental responsibility for them.
The children live with their mother.
The children spend time with their father and the paternal grandparents at all such times as might be agreed between the parties (including the paternal grandparents) and otherwise with their father:
(a)Each alternate weekend from after school Friday until 6.00pm Sunday and until 6.00pm Monday when any such period coincides with a public holiday or pupil free day;
(b)For one half of all school holidays;
(c)Should Father’s Day occur on a day when the children are not otherwise with the father pursuant to these Orders, then from 9.00am to 5.00pm that day;
(d)From 12.00 noon Christmas Day until 5.00pm Boxing Day in 2009 and between those times on those days each alternate year thereafter and from 5.00pm Christmas Eve until 1.00pm Christmas Day in 2010 and between those times on those days in each alternate year thereafter.
(e)At such other times coinciding with the children’s sporting, educational or other extra-curricular activities occurring outside of school hours, including weekends, as the father might choose, having first given to the mother not less than 48 hours notice of his intention to do so.
Changeover for the time provided for at paragraph 3(a), (c) and (d) of these Orders shall be effected by the mother delivering the children at the commencement of such time at a convenient place approximately half way between M and her place of residence and the father collecting the children at that place and…
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- AGLC
- Fitzroy & Fitzroy [2009] FamCA 954
- Case
- [2009] FamCA 954
- Decision Date
CaseChat Overview and Summary
The court was required to determine the nature of parental responsibility to be afforded to the parents, the primary residence of the children, and the specific arrangements for the children's time with their father, including provisions for public holidays and school breaks. Additionally, the court had to consider the application made by the paternal grandparents for involvement in the children's lives.
Murphy J ordered that the parents have equal shared parental responsibility for the children. The children were to live with their mother, but the father was granted significant time with them, including alternate weekends, half of all school holidays, and specific arrangements for Father's Day and Christmas. The orders also detailed changeover procedures, the father's right to receive educational and medical information, and his liberty to communicate with the children. The application by the paternal grandparents was dismissed.
Orders
Orders of the court
IT IS ORDERED THAT
1.
The parents of the children L born … January, 2003 and A born … June, 2005 (“the children”) have equal shared parental responsibility for them.
2.
The children live with their mother.
3.
The children spend time with their father and the paternal grandparents at all such times as might be agreed between the parties (including the paternal grandparents) and otherwise with their father:
(a) Each alternate weekend from after school Friday until 6.00pm Sunday and until 6.00pm Monday when any such period coincides with a public holiday or pupil free day;
(b) For one half of all school holidays;
(c) Should Father’s Day occur on a day when the children are not otherwise with the father pursuant to these Orders, then from 9.00am to 5.00pm that day;
(d) From 12.00 noon Christmas Day until 5.00pm Boxing Day in 2009 and between those times on those days each alternate year thereafter and from 5.00pm Christmas Eve until 1.00pm Christmas Day in 2010 and between those times on those days in each alternate year thereafter.
(e) At such other times coinciding with the children’s sporting, educational or other extra-curricular activities occurring outside of school hours, including weekends, as the father might choose, having first given to the mother not less than 48 hours notice of his intention to do so.
4.
Changeover for the time provided for at paragraph 3(a), (c) and (d) of these Orders shall be effected by the mother delivering the children at the commencement of such time at a convenient place approximately half way between M and her place of residence and the father collecting the children at that place and by the father returning the children to the mother at that place at the conclusion of such time.
5.
Changeover for the time provided for at paragraph 3(b) of these Orders shall be effected by the mother delivering the children to the father’s residence at the commencement of each such period of time and the father delivering the children to the mother’s residence at the conclusion of each such period of time.
6.
The mother shall forthwith take all such steps and sign any such documents as might be necessary to provide to any school, pre-school or child-care facility (as the case may be) attended by the children, authority for the father:
(a) to receive any and all report cards and reports as to the children’s educational, sporting, cultural and social progress and notification of all educational, sporting, cultural and other activities organised by any such institution;
(b) to participate, together with the paternal grandparents as they might choose, in any and all educational, sporting, cultural and other activities organised by any schools, pre-schools or child-care facilities (as the case may be) attended by the children to which parents and/or grandparents are invited.
7.
The father shall be at liberty to communicate with the children by telephone, e-mail and the internet at all such reasonable times as he might choose.
8.
The parties shall each:
(a) keep the other advised of their current residential address and a contact telephone number and shall advise the other forthwith of any change of same;
(b) immediately notify the other in the event of the children or either of them suffering any significant injury or illness and shall provide details of same and any and all treatment in respect of same;
(c) take all steps, and sign any and all documents, necessary to authorise the other being provided with details of all medical treatment, or counselling or therapy provided to the children.
10.
The mother shall advise the father of the schools, pre-schools or child-care facilities (as the case may be) to be attended by the children forthwith upon any application being made for their enrolment.
11.
Within 7 days of the enrolment of the children at any school, pre-school or child-care facility (as the case may be), the mother shall notify the father of the name and address of same and shall cause to be provided to the principal of same a copy of these Orders, the provision of which is authorised pursuant to s 121(9) of the Family Law Act 1975 (as amended).
12.
The application of the Paternal Grandparents is dismissed.
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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