FAMILY COURT OF AUSTRALIA
| FULTON & PACKER (NO 2) | [2015] FamCA 846 |
| FAMILY LAW – ORDERS – Contravention – Parenting – Best Interests – Where the mother was found to have contravened final parenting Orders made in July 2013 without reasonable excuse – Where the parties make submissions in relation to penalty and outcome – Order that the mother complete a post-separation parenting orders program – Variation of final Orders. |
| Family Law Act 1975 (Cth) |
| Dobbs & Brayson [2007] FamCA 1261 Elspeth & Peter; Mark & Peter; and John & Peter [2007] FamCA 655 |
| APPLICANT: | Mr Fulton |
| RESPONDENT: | Ms Packer |
| FILE NUMBER: | LEC | 575 | of | 2007 |
| DATE DELIVERED: | 12 October 2015 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | Forrest J |
| HEARING DATE: | 7 July 2015 |
REPRESENTATION
| THE APPLICANT: | In Person |
| COUNSEL FOR THE RESPONDENT: | Mr Ehlers |
| SOLICITOR FOR THE RESPONDENT: | Armstrong Kutz Lawyers |
Orders
That pursuant to the provisions of s 70NEB(1)(a)(i) of the Family Law Act 1975 (Cth) (“the Act”) the mother shall attend and complete a post-separation parenting orders program conducted by a s 65LB provider of such programs.
That the mother shall be personally responsible to access details of such programs through a Family Relationship Centre in her residential proximity and for making contact with a provider of such programs, enrolling in, attending and completing such a program.
That the mother shall complete such a post-separation parenting orders program within six (6) months of the date of these Orders and provide evidence in writing of the completion of such a program to the Court and the father as soon as she has completed the program.
That pursuant to s 70NBA of the Act the parenting Order of Justice Kent of 29 July 2013 relating to the child, B born … 2003, is varied by deleting paragraphs 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 and by replacing those paragraphs with the following paragraphs:
(i)That in accordance with the child’s views, the child shall spend time with the father and communicate with him as and when the child determines.
(ii)That the mother shall facilitate the child spending time with the father and communicating with him as the child requests from time to time.
(iii)That the father may communicate with the child by sending him a written letter, card and/or present to the postal address provided by the mother, for the child’s birthday and for Easter and/or Christmas each year.
(iv)That the mother shall keep the father informed of a postal address to which he can send letters, cards and/or presents in accordance with the previous paragraph.
(v)That the mother shall write to the father at six monthly intervals advising him of the child’s development, progress and educational performance and she shall keep the father informed as to the school the child is attending at any time with the father to be entitled to obtain from any such school, at his own cost, if any, copies of reports and other information that the school…
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- AGLC
- Fulton and Packer (No 2) [2015] FamCA 846
- Case
- [2015] FamCA 846
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether to vary the existing parenting orders and, if so, on what terms. Specifically, the court had to consider the child's views regarding contact with the father and the mother's role in facilitating that contact. The court also had to consider the appropriateness of requiring the mother to attend a post-separation parenting program.
Forrest J applied the principles of the *Family Law Act 1975* (Cth), focusing on the best interests of the child. The court found it necessary to vary the previous orders to reflect the child's stated wishes for contact with the father, which were to be determined by the child. The mother was ordered to facilitate this contact and to keep the father informed of the child's development and schooling. Additionally, the mother was ordered to attend and complete a post-separation parenting program within six months, demonstrating her responsibility in accessing and completing such a program.
The court ordered that the mother attend and complete a post-separation parenting program within six months and provide proof of completion. The parenting order of Justice Kent dated 29 July 2013 was varied to allow the child to spend time with and communicate with the father as the child determines, with the mother to facilitate this. The father was granted limited communication rights, including sending gifts for birthdays and holidays, and was to be kept informed of the child's schooling, with the right to obtain school reports at his own cost. Approval was also given for the father to show a copy of the order to the child's school.
Orders
Orders of the court
1.
That pursuant to the provisions of s 70NEB(1)(a)(i) of the Family Law Act 1975 (Cth) (“the Act”) the mother shall attend and complete a post-separation parenting orders program conducted by a s 65LB provider of such programs.
2.
That the mother shall be personally responsible to access details of such programs through a Family Relationship Centre in her residential proximity and for making contact with a provider of such programs, enrolling in, attending and completing such a program.
3.
That the mother shall complete such a post-separation parenting orders program within six (6) months of the date of these Orders and provide evidence in writing of the completion of such a program to the Court and the father as soon as she has completed the program.
4.
That pursuant to s 70NBA of the Act the parenting Order of Justice Kent of 29 July 2013 relating to the child, B born … 2003, is varied by deleting paragraphs 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 and by replacing those paragraphs with the following paragraphs:
(i) That in accordance with the child’s views, the child shall spend time with the father and communicate with him as and when the child determines.
(ii) That the mother shall facilitate the child spending time with the father and communicating with him as the child requests from time to time.
(iii) That the father may communicate with the child by sending him a written letter, card and/or present to the postal address provided by the mother, for the child’s birthday and for Easter and/or Christmas each year.
(iv) That the mother shall keep the father informed of a postal address to which he can send letters, cards and/or presents in accordance with the previous paragraph.
(v) That the mother shall write to the father at six monthly intervals advising him of the child’s development, progress and educational performance and she shall keep the father informed as to the school the child is attending at any time with the father to be entitled to obtain from any such school, at his own cost, if any, copies of reports and other information that the school usually supplies to parents of its students.
(vi) That approval is given, pursuant to s 121(9)(g) of the Act, for the father to show a copy of this Order to any school the child attends.
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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