FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Garwood & Shipton (No 12) [2024] FedCFamC1F 681
File number(s): ADC 4995 of 2018 Judgment of: KARI J Date of judgment: 27 September 2024 Catchwords: FAMILY LAW – CHILDREN – Where the final hearing of the matter is part-heard – Where the parties have reached agreement to finalise the parenting proceedings – Where there has been non-compliance with interlocutory orders for time spending between the father and the child – Where the Court has an obligation to make orders least likely to lead to the institution of further proceedings in relation to the child – Where the Court has been assured that both parties are committed to complying with the proposed orders – Final parenting orders are made by consent Legislation: Family Law Act 1975 (Cth) s 60CC
Family Law Amendment Act2023 (Cth)
Cases cited: Garwood & Shipton (No 3) [2024] FedCFamC1F 2
Garwood & Shipton (No 11) [2024] FedCFamC1F 623
Division: Division 1 First Instance Number of paragraphs: 32 Date of hearing: 27 September 2024 Place: Adelaide Counsel for the Applicant: Ms O’Connor SC Solicitor for the Applicant: Mills Oakley Counsel for the Respondent: Ms Hume Solicitor for the Respondent: Angela Ferdinandy Pty Ltd ORDERS
ADC 4995 of 2018 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MR GARWOOD
Applicant
AND: MS SHIPTON
Respondent
ORDER MADE BY:
KARI J
DATE OF ORDER:
27 SEPTEMBER 2024
BY CONSENT IT IS ORDERED:
1.That all parenting orders be and the same are hereby discharged.
2.That the mother shall have sole parental responsibility for X except that she shall:
(a)Consult with the father in respect of medical or specialist treatment provided to X and will provide the father with an opportunity to be involved in any of X's specialist treatments and for X's long term medical decisions.
(b)That the mother shall provide written consent for the father to be informed, and to communicate with any health provider engaged by the mother in respect to X's health.
3.That thereafter and for a period of six (6) weeks (for three occasions) that the parties use the handover service of the Children's Contact Centre for the purpose of effecting handover between them of X for the arrangement set out at paragraph 4 herein.
4.That X shall spend time with the father on either Saturday or Sunday (dependent on the availability of the Contact Centre to facilitate handover) from 10.30am to 3.30pm for a period of six weeks (three occasions).
5.That the parties agree to engage in family therapy at AX Psychology with Ms AY with fortnightly sessions commencing 16 September 2024 for a period of not less than three (3) months NOTING THAT the mother will apply for a Mental Health Care Plan for X to be attributed to the cost of the therapy and that the balance of the cost of therapy, or any amount not met by the said plan, to be paid equally between the parties.
6.That following the three (3)…
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- Case
- [2024] FedCFamC1F 681
- Decision Date
CaseChat Overview and Summary
The court found that the parties had been actively negotiating with legal and mediation assistance, and had jointly requested the finalisation of the parenting arrangements. The court noted that the parties had been unable to comply with the previous orders, resulting in minimal time spent between the father and the child. The court acknowledged the difficult history of the father establishing and maintaining a relationship with the child and considered the proposed parenting orders which included arrangements for time spending, special occasions, and communication between the parties. The court was satisfied that both parties were committed to complying with the proposed orders and that the orders would likely prevent further proceedings.
The court made final parenting orders by consent, which included provisions for the mother to have sole parental responsibility, consultation with the father on medical and specialist treatment, and detailed arrangements for time spending between the father and the child. The court also imposed restrictions on the parties to prevent criticism of each other in the presence of the child and required the parties to inform each other of any significant changes in their circumstances. The court dismissed the parenting proceedings as finalised.
The orders made by the court ensure that the child will have a regularised and increased time-spending arrangement with the father, while also maintaining the mother's sole parental responsibility. The court's decision reflects a balanced approach to the parenting arrangements, aiming to promote the best interests of the child and prevent further disputes between the parties.
Orders
Orders of the court
ADC 4995 of 2018
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MR GARWOOD
Applicant
AND:
MS SHIPTON
Respondent
ORDER MADE BY:
KARI J
DATE OF ORDER:
27 SEPTEMBER 2024
BY CONSENT IT IS ORDERED:
1. That all parenting orders be and the same are hereby discharged.
2. That the mother shall have sole parental responsibility for X except that she shall:
(a) Consult with the father in respect of medical or specialist treatment provided to X and will provide the father with an opportunity to be involved in any of X's specialist treatments and for X's long term medical decisions.
(b) That the mother shall provide written consent for the father to be informed, and to communicate with any health provider engaged by the mother in respect to X's health.
3. That thereafter and for a period of six (6) weeks (for three occasions) that the parties use the handover service of the Children's Contact Centre for the purpose of effecting handover between them of X for the arrangement set out at paragraph 4 herein.
4. That X shall spend time with the father on either Saturday or Sunday (dependent on the availability of the Contact Centre to facilitate handover) from 10.30am to 3.30pm for a period of six weeks (three occasions).
5. That the parties agree to engage in family therapy at AX Psychology with Ms AY with fortnightly sessions commencing 16 September 2024 for a period of not less than three (3) months NOTING THAT the mother will apply for a Mental Health Care Plan for X to be attributed to the cost of the therapy and that the balance of the cost of therapy, or any amount not met by the said plan, to be paid equally between the parties.
6. That following the three (3) facilitated handovers at the Children's Contact Service and until 3 January 2025 that X spend 5 hours each alternate Saturday from 11.30 am to 4.30 pm and Sunday from 8.30 am to 11.30 am (of the same alternate weekend) with the father with handovers to occur at AZ Business, Adelaide, or such place as agreed between the parties.
7. From 11 January 2025 X is to spend time with the father from 11.00 am on Saturday to 12.00 pm on Sunday.
8. On the weekend commencing 25 January 2025 X is to spend time with the father from 11.00am on Saturday to 12.00 pm on Monday 27 January 2025.
9. From the commencement of the school term in 2025 and commencing on the first weekend of Term 1, X is to spend time with the father:
(a) During term time from 11.00 am on Saturday to 2.00 pm on Sunday each alternate weekend.
(b) During school holidays:
(i) For the Term 1 school holidays in 2025 for the first week of holidays from 11.00am on the first Saturday of the holidays to 2.00 pm on the following Thursday (5 nights) NOTING that the term time arrangement shall recommence on the first weekend of Term.
(ii) For all short-term holidays thereafter for one half of the short-term school holidays from 6.00 pm on the last Friday of term to 4.00 pm the following Saturday.
(iii) For all the long Christmas school holidays on a week/week arrangement as follows:
A. In even numbered years the father's time shall commence at 2.00 pm on the Friday at the end of the first week of holidays to 2.00 pm on the following Friday and each alternate week thereafter.
B. In odd numbered years the father's time shall commence at 6.00 pm on the first Friday of the holidays (NOTING that this may fall on the last day of the school term) to 2.00 pm on the following Friday and each alternate week thereafter with handover at 2.00 pm on Friday for the balance of the holiday period.
10. That for special occasions the care arrangements as referred to herein shall be suspended and X shall spend time with each of the parties as follows:
(a) For Christmas (commencing in 2025) as follows:
(i) In odd years from 3.00 pm on 23 December to 9.30 am on Boxing Day with the father.
(ii) In even years from 3.00 pm on 23 December to 9.30 am on Boxing Day with the mother.
(b) For Mother's Day and Father's Day X shall spend the weekend of Mother's Day with the mother and the weekend of Father's Day in the same pattern as the weekend time arrangements.
11. That all handovers (with the exception of the handovers that are to occur at the Contact Centre pursuant to paragraphs 1 - 3 herein) shall occur at AZ Business, Adelaide or such other place as agreed between the parties in writing.
12. That time spending as provided for in these orders be varied from time to time upon agreement between the parties in writing.
13. That each of the parties be at liberty to:
(a) Attend all school functions, extra-curricular activities, and events, such as sports, dancing etc., that parents would normally otherwise attend.
(b) Receive all information from X's school such as newsletters, school information App's and any other form of communication that parents would normally otherwise receive.
(c) That the mother do all things necessary and sign any document required to authorise X's school to share relevant information with respect to X's education with the father.
14. That the parties will inform each other of their intention to change their residential address and their proposed residential address within twenty-four hours of a definitive decision to relocate and provide the other party with the new address.
15. That the parties inform each other in writing of any changes to their telephone numbers and email addresses as soon as possible but no later than twenty-four hours of such change.
16. That in the event that the mother intends to relocate:
(a) The parties enter into discussion with respect to amending parenting arrangements, given X will no longer be required to travel to and from Town M, with a view to increasing X's time with the father.
(b) In the event agreement is not reached, the parties will engage in a mediation service to mediate issues around the father's time with X as a first step.
17. That the mother do notify the father in writing within 48 hours prior to her decision to inform X how she was conceived and advise the manner in which she intends to convey this to X. Thereafter, the mother shall advise the father in writing with the details of how the information was conveyed to X, and X's response to this information.
18. Pending the decision of the mother to inform X of her biological origins, the parties are restrained, and an injunction granted restraining the parties from informing X how she was conceived or allowing any other person to do so without the written consent of the parties, or until X is 16 years of age, whichever occurs first.
19. In the event that either party seeks to travel with X overseas during their time, in the event the parties do not agree in the first instance, they shall attend a mediation service to discuss whether such travel can be agreed, noting that their consent to overseas travel shall not be unreasonably withheld, taking into account X's age and maturity and their current circumstances, and in the event that overseas travel is agreed:
(a) the travelling party is to notify the non-traveling party in writing of the proposed travel destination and dates of travel by providing fifty-six (56) days' notice.
(b) the travelling party will provide the non-travelling party with a copy of X's itinerary together with the contact details and accommodation details for X when they are away at least forty-two (42) days prior to departure.
(c) Where the itinerary provided to the non-travelling party changes, the travelling party shall inform the non-traveling party of the change, including but not limited to flights, accommodation and contact details once the change has been confirmed.
(d) The parties shall do all things necessary and sign all such documentation which may be required to obtain an Australian passport for X, at the expense of the travelling party, with X's passport to be retained by the FCFCOA Registry in Adelaide and, upon consent by the non-travelling party, be provided to the travelling party when they intend to travel with X.
20. That each of the parties be restrained and an injunction granted restraining them from:
(a) Criticising, abusing, harassing, insulting, or denigrating the other parent or family members of the other parent in the presence or within ear shot of X, or allowing any other person to do so.
(b) Discussing these proceedings or the contents of any document filed in or intended for use in these proceedings with X or in the presence of or within ear shot of X or from allowing any other person to do so.
21. That the parties will inform each other of any significant illness or injury suffered by X and of any medical or dental treatment required by X as soon as reasonably practicable by way of SMS text message and/or email save and except in the event of an emergency and/or admission of X to hospital whereby the other party is to be notified immediately by way of a telephone call.
22. That the parenting proceedings otherwise be dismissed as finalised.
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).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
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Background to the litigation
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