GEORGE & PERKINS

[2016] FamCA 810

FAMILY COURT OF AUSTRALIA

GEORGE & PERKINS [2016] FamCA 810

FAMILY LAW – CHILDREN – Application by mother to set aside parenting orders – Application granted – Orders made that children live with the mother – Orders that children spend time with the father in Australia and the United Kingdom – Orders made that the children communicate with the father

FAMILY LAW – CHILD SUPPORT – Application by father for a Departure Prohibition order pursuant to s 72Q of the Child Support (Registration and Collection) Act 1988 (Cth) – Application dismissed - Noting that the substantive application was not determined on its merits and was dismissed on the basis of the Courts lack of jurisdiction

FAMILY LAW – CHILD SUPPORT – Application by father for leave to prosecute an application for a departure order pursuant to s 116 of the Child Support (Assessment) Act 1989 (Cth) - Application refused noting that the substantive application has not been determined on its merits and it is open for the father to make an application for an administrative review

Family Law Act 1975 (Cth)

Child Support (Registration and Collections) Act 1988 (Cth)

APPLICANT: Ms George

RESPONDENT: Mr Perkins

FILE NUMBER: HBC 414 of 2011

DATE DELIVERED: 8 July 2016

PLACE DELIVERED: Hobart

PLACE HEARD: Hobart

JUDGMENT OF: Benjamin J

HEARING DATE: 7 and 8 July 2016

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Turnbull

SOLICITOR FOR THE APPLICANT: Ogilvie Jennings

COUNSEL FOR THE RESPONDENT: Ms Ryan

SOLICITOR FOR THE RESPONDENT: Wallace Wilkinson & Webester

Orders

1.All previous parenting orders in relation to S born … 2008 and G born … 2010 (‘the children’) be and are discharged.

2.Ms George (‘the mother’) and Mr Perkins (‘the father’) shall have equal shared parental responsibility in relation to the children. 

3.The children shall live with the mother.

4.The father is at liberty to travel to Australia at least once per year, or such further time as agreed, to spend time with the children as follows:-

(a)the father shall give the mother at least sixty (60) days’ notice in writing of his itinerary, including details of the flight arrivals and departures for each such visit, and any amended itinerary and such notice shall specify the specific number of nights which he intends to spend time with the children;

(b)the father will be responsible for the costs of his travel to Tasmania to spend time with the children; 

(c)if either or both of the children are attending school while spending time with the father, the father will ensure that the children attend their regular school;

(d)

should the father be in Tasmania over Christmas his time will include from

1.00pm Christmas Day to 1.00pm Boxing Day and the children will return to the mother’s care from 1.00pm Boxing Day to 1.00pm 27 December;

(e)the 24 hours over Boxing Day with the mother will not be included in the total number of nights the children spend with the father;

(f)changeovers will be held at Town B McDonalds and occur no later than 7.00pm, unless agreed otherwise;

(g)until 29 January 2019 the father’s time shall constitute not less than 21 days;

(h)from 29 January 2019 the father’s time will constitute up to 35 days; and

(i)such further or alternate time as agreed in writing. 

5.In addition the father spend time and communicate with the children as follows:-

(a)In the United Kingdom once per year:-

(i)until 29 January 2022 for a period of not less than eighteen (18) nights unless agreed otherwise, over the Tasmanian summer school holidays (that is December/January) in each year but including Christmas Day in 2016 and each alternate year thereafter; subject to the mother having a discretion to give the father at least ninety (90) days notice if she wishes to change the times in the odd numbered (non-Christmas Day years) to eighteen (18) nights during the March/April end of Term 1 Tasmanian school holiday period;

(ii)from 29 January 2022 for a period  of twenty five (25) nights unless agreed otherwise over the Tasmanian summer school holidays (that is December/January) and in each even year the children will commence time with the father by 7.00pm 23 December; subject to the mother having a discretion to give the father at least ninety (90) days notice if she wishes to change the times in the odd numbered (non-Christmas Day years) to twenty five (25) nights during the March/April end of Term 1 school holiday period;

(iii)changeovers will be at Heathrow Airport, unless agreed otherwise, not later than 12.00pm on the day of the children going into the father’s care and in the afternoon or evening, but not later than 7.00pm, on the day they return to the mother’s care;

(iv)the travel to and from the United Kingdom is not included in the total ordered nights the children spend in the father’s care;

(v)from 29 January 2022 the parties agree an accompanying adult will no longer be required on the journey by aeroplane to the United Kingdom;

(vi)the mother will arrange and pay for the travel cost of the children and also until 29 January 2022 their accompanying adult;

(vii)the mother will, by email, provide the father with the official itinerary given by the airline (“the itinerary”) within seven (7) days of the booking being made or not less than sixty (60) days and preferably ninety (90) days prior to the date of departure from Australia, whichever date is the earlier and any amended airline itinerary received by the mother will be forward to the father within eight (8) hours of receipt;

(viii)the itinerary will include flight numbers, departure and arrival dates and times;

(b)The father will communicate with the children as follows:-

(i)by mail for cards, presents, letters and the like;

(ii)by telephone at reasonable times;

(iii)   such further or alternate time and communication as agreed;

(iv)by Skype or if agreed such other electronic application/program, two (2) times per week as may be agreed, but failing agreement, those communications will be by way of Skype initiated from 6.30pm Australian Eastern Standard or Australian Summer Eastern Summer time for up to thirty minutes or such other time/s as is agreed between the parties each Monday and Thursday;

AND IT IS DIRECTED

(a)the mother, by giving thirty (30) days notice may change the Mondays and Thursdays if it interferes with any reasonable school or reasonable extra school activities by the children; and

(b)the mother will endeavour, as much as is practicable, to accommodate the timing of the calls as to facilitate the time with the father in the United Kingdom having regard to his needs to work and his needs to care for the children.

Communication between the parties

6.The mother and father set up, facilitate and fund electronic communications between the father and the children and to that end the parties will have the children ready available to use a broadband internet connection suitable for Skype video communications with the other party as provided for in these Orders.

7.Within forty eight (48) hours of these orders being made each party will send an email to the other party expressly confirming or advising of their residential address, their email address, mobile telephone number, postal address, Skype address, instant messenger address or other electronic addresses, and in the event any of those details change will within two (2) days of the change notify the other party by email of the relevant change.

8.The parties will communicate by email with respect to arrangements and non-urgent matters concerning the children’s welfare, development and education ,and such communications will include the confirmation of the changeover location, date and time and acknowledgement of this by the other party.

9.In the event personal service is required of the father by the mother of any application filed by her, personal service on either paternal grandparent will be deemed to constitute personal service of the father.

10.The father is at liberty to communicate with the children’s school and request any information from the school concerning the children including but not limited to school reports, attendance records, school magazines or newsletters and school calendars.

11.The mother will provide the father with the following:-

(a)by way of an attachment to an email : digital photos and/or digital recordings of the children at least each six months; and

(b)by post/scan/email any cards or letters that either child wants to send to the father;

12.The mother will promptly provide the children with cards, letters, emails and presents from the father.

Special Days

13.Noting the specific days and times of Skype communication is the subject of a final orders hearing, BY CONSENT it is ordered that at times agreed and failing agreement at 7.30am or 6.30pm (Tasmanian time), the parent with care of the children shall facilitate electronic communications, or if not possible, telephone communications for the children with the other parent on the following special days : each of the children’s birthdays, Mother’s Day, Father’s Day (as celebrated in the United Kingdom as well as Australia), the mother’s birthday and the father’s birthday.

Communication with the children

14.In the event either parent’s ordered Skype communication does not take place for any reason the parent with care of the children will promptly arrange and facilitate Skype communication the next night following the omission, unless otherwise agreed, at the same time as that communication omitted would have occurred. 

15.When the children are in the father’s care he will twice per week facilitate Skype communication with the mother for the children, if available, or telephone communication in the event Skype is not available or does not occur at dates and times agreed and failing agreement between 8.00am and 8.30am in the time zone the children are then residing.  In the week of Christmas, Christmas Day will be one of the two days.

Travelling needs of the children

16.THIS COURT DECLARES that Australia is the children’s place of habitual residence.

17.THAT pursuant to s 65Y(2)(b) of the Family Law Act 1975 (Cth) the parties are permitted to travel internationally with the children provided that the party proposing travel provides the other party with written notice no less than thirty (30) days prior to the departure date of the intended travel details including countries to be visited, departure and arrival dates and times.

18.After receiving the requisite written notice of the an intention to organise the children to travel internationally and absent any reasonable objection, the consenting parent will provide the travelling parent with the children’s passports at changeover AND at the conclusion of the international travel the passport will be kept in the mother’s possession. 

19.When the children are staying with the father the mother will provide the father with clothing which fits the children and is not worn out which includes at least for each child a coat, one pair of well-fitting shoes, two sets of trousers, two shirts and two jumpers.

Mutual respect between the parties

20.Both parties are restrained from denigrating or speaking negatively of the other party to or within the hearing or presence of the children and will do everything in their power to ensure no third party does so, removing the children from that person’s presence in the event they continue.

21.The parties will both promote these Orders to the children and will not discuss any reservations they hold with respect to them.

22.The parties will not discuss any negotiations they may be holding with respect to time and dates of travel for the children or issues touching upon parental responsibility, until such time as those negotiations are finalised and they will promote the agreement and will not discuss any reservations they hold with respect to them.

23.The parties are hereby restrained from discussing with the children the child support dispute between the parties and any future dispute that may arise.

24.Both parties will engage with a community or private counsellor, skilled in assisting people with their communication as separated parents, with the aim of decreasing the conflict between the parties, improving the quality of communication between the parties and recognising the effect conflict has on children.

25.Each party is permitted to release to the therapists, or counsellors assisting them in reducing conflicts, copies of the family report prepared for this hearing and the report of Ms V.

26.Leave be given for the parties to make such reports available to any therapist or counsellor treating the children in the future subject to the approval of both parents. 

27.Pursuant to s 65DA(2) and s 62B, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these orders.

28.All extant applications (except costs) are dismissed.

29.Any application for costs will be dealt with in accordance with the Family Law Rules 2004.

IT IS DIRECTED

30.Counsel for the father forward to Benjamin J’s associate in electronic word format, a copy of Exhibit F6.

31.A copy of the reasons for these orders be taken out and placed on the court file.

IT IS CERTIFIED

32.Pursuant to Rule 19.50 of the Family Law Rules2004 it was reasonable to engage counsel to attend.

CHILD SUPPORT ORDERS

33.The father’s application in respect of any Departure Prohibition Order (pursuant to s 72Q of the Child Support (Registration and Collection) Act 1988) be and is dismissed, NOTING that the substantive application was not determined on its merits, it was dismissed on the basis of the court’s lack of jurisdiction.

34.The father’s application for a leave to prosecute an application for a departure order (in respect of Child Support Assessments from the 2014 to 2016) pursuant to s 116 of the Child Support (Assessment) Act 1989 is refused, NOTING that the substantive departure application has not been determined on its merits and it is open for the father to make an application for administrative review of those assessments, subject to the Child Support (Assessment) Act 1989.

35.BY CONSENT leave be and is given to each of the parties to use the evidence, documents and other material provided in these proceedings in relation to any administrative or on-flowing applications regarding child support or prohibition departure applications.

IT IS CERTIFIED

36.Pursuant to Rule 19.50 of the Family Law Rules 2004 it was reasonable to engage counsel to attend.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym George & Perkins has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT HOBART

FILE NUMBER: HBC 414 of 2011

Ms George

Applicant

And

Mr Perkins

Respondent

EX TEMPORE REASONS FOR JUDGMENT

INTRODUCTION

1.These are proceedings between Ms George, (‘the mother’), and Mr Perkins, (‘the father’) relating to parenting arrangements for their children, S, born in, 2008 who is now aged eight, and G, who was born in 2010 and is now aged six and a half. 

THE ISSUES

2.The proceedings initially related to a broad spectrum of matters, but, through the careful and thoughtful approach of those who represented the parties, have been narrowed down to a number of limited issues.  The first issue, which was resolved, was one of recent involvement in respect of child support, and I will deal with that a little later.  The second was in relation to the times when the mother ought to take the children from Australia to the United Kingdom for the purposes of visiting the father.  An order had been made four years ago, which provides for annual pilgrimages.  The father wanted that amended to enable later time. 

3.The mother’s application was that it be changed to provide that she travelled once every 18 months.  The mother said she sought this change as a consequence of the impact of the conflict on the family and also the financial impacts.  The second issue related to Skype calls, which have been taking place between the children and the father on a twice weekly basis. 

4.An issue arose during submissions as to whether the mother ought to be provided with the father’s residential address when the children are staying with him.  The question of the father providing his residential address had not been the subject of a previous order. 

5.There is also an issue as to a notation, although that is of limited conflict, given the nature of the conflict which was determined before me.

THE BACKGROUND

6.The background of this matter arises out of a previous determination of this Court, in circumstances of the parties’ separation in March 2011.  At that time, the care of the children was left with the mother, in, Tasmania, and the father returned to the United Kingdom.  Orders were made to enable the children to spent time and communicate with the father in the United Kingdom.  Those orders were made some four years ago.  Unfortunately, since that time, the level of conflict between the parties has not ameliorated.  It has continued.  Their ability to communicate, instead of being remedied over that period of time, has continued at a poor level. 

7.The application before the Court is that of the mother and there has been a change in the circumstances of both parties.  The father has, of course, returned to living in the United Kingdom, has re-partnered and has two young children from that relationship and, as I understand it, there are three other children in that household.  The mother has re-partnered and gave birth to her son W in 2015.

8.After the end of the parties’ relationship and the wind up of their finances, the financial circumstances of the parties went in different directions.  The father returned to the United Kingdom and has clearly struggled financially since that time.  The mother continued in her profession and has also set up a business.  She has a solid income, although that has diminished in the last few years, given the birth of W and other factors to which she has alluded in her affidavit.  The father, due to his financial circumstances, was unable to travel to Australia as envisaged by the orders, although, it says here, he is able to do so into the future. 

9.As a consequence of the parties’ circumstances changing, the arrangements which were put in place by the orders were not able to be easily met, and the father took contraventions proceedings in July 2015.  He was unrepresented.  Those proceedings were dismissed.  The mother took proceedings to vary the orders in October 2015.  A report was prepared by Ms V, and that report is before the Court in evidence.  An order was made in December 2015, suspending the requirement for the mother to travel to the United Kingdom in December 2015 or January 2016 and allowing that time to occur in April 2016, which time, ultimately, occurred.  The arrangements at that time were not without some difficulties, given the poor communication between the parties.  The father has come to Australia now to see the children and to enable the prosecution of these proceedings. 

10.In these proceedings, the mother relied upon her affidavit, filed 28 June 2016 and her financial statement of 21 June 2016.  I declined her permission to rely upon an affidavit of Ms X of 18 May 2016.  In addition she relied upon the family report of Ms V, to which I referred earlier and which was read into evidence, and a Child Dispute Memorandum of Ms V, to which I have referred to earlier, and a Family Dispute Report of Ms Y, dated 20 May 2016.  Each of the parties tendered bundles of documents.  Each of the parties prepared case outlines through their representatives, and those case outlines were tendered.  I have had regard to those in the determination to which I have come.

11.The father relied upon his amended response filed 1 July 2016, his affidavit of 3 July 2015, 10 December 2015, 13 May 2016 and 4 July 2016.  Those are affidavits related primarily to his child support application.

12.The mother’s financial statement was also included in the material, as was the father’s financial statement of 13 May 2016.  He also relied upon the family report and the Family Consultant Memorandum.

13.I do not intend to spend the next 15 minutes reciting those provisions except to say that I have had regard to them. They were the subject of submissions both orally and, in particular, in the case outlines of each of the parties. Two of the orders sought by the father related to child support. One was an application with regard to a departure prohibition order under s 72Q of the Child Support (Registration and Collections) Act 1988 (Cth).  I discussed with counsel during the course of the hearing that I had no jurisdiction with that regard except, perhaps, jurisdiction on an accrued basis or on an associated basis.

14.However, the Child Support Registrar was not a party to the proceedings and as such that application for a departure prohibition order was dismissed, but noted that the merits of the case were not the subject of that dismissal. 

15.The second was an application under s 116 of the Child Support (Assessment )Act 1989 (Cth) in relation to dealing with the child support. That matter could not be dealt with today. Given the particular provisions of s 116 I conclude that it was not appropriate for me to hear that and that the father’s application ought to be determined administratively as was intended by the Parliament. I have made orders to that effect.

16.What I have learnt about child support is this: that the first assessment of which I am aware took place in about April or May 2012, some four years ago.  The father was initially assessed at having an income of some $40,000 which was the default income and he made application and persuaded the Child Support Agency that his income was nil.  Notwithstanding and in accordance with whatever material they had, the Child Support Agency determined that the father ought to pay child support of about $50 per week for the children, which is about $2,500 per year.  There is some now $10,000 or more outstanding.

17.The amount of child support outstanding as at 2 March 2016 was $9,983.38 and there is, no doubt, three months of child support that is added on to that.  The father has for almost four years not paid any child support.  He has had funds available to put money aside for the children, but has not endeavoured to meet his child support liability.  Nor am I satisfied on the evidence that he has made any meaningful endeavour to have that child support assessment departed from, although that is open for  him to do so in the future.

18.The risk he runs, and it is not a risk of which I will take any steps to diminish, is that if it is not dealt with appropriately the next time he comes to Australia he may be trapped in Australia and not be able to leave.  At one stage during the hearing I scratched my head about that, however, if there is child support outstanding and that is a method of getting it collected, particularly from someone who is overseas, well so be it and he can sort that out in due course. 

THE EVIDENCE

The Mother

19.The mother gave evidence as per her affidavits and financial statement.  She was careful and articulate in giving her evidence.  At times she gave evidence contrary to her interests, in particular with regard to her finances upon which she was carefully and thoughtfully cross-examined.  She had provided significant disclosure of her financial circumstances which show an income of somewhere between $130,000 and $200,000 a year.

20.She runs her businesses through Z Pty Ltd, from which she is paid a wage, although it is clear that some people to whom she provides a service pay her directly and that is disclosed in her bank account.  She has had a significant reduction in her income over the recent time, which given the birth of W is not an unsurprising circumstance, having regard to his needs over that period of time.  She earns a strong income and in her tax return discloses that her current husband earns a strong income as well.

21.From her financial circumstances it appears, however, that she is spending all of her income and she says she finds it difficult to meet the cost of travelling to and from England on the basis which the father seeks.  It appears from cross-examination that she pays an additional sum of about $10,000 per year over the statutory nine per cent superannuation.  As part of her income is paid to herself or her current husband by way of rent I have had regard to that. 

22.She gives evidence of the difficulties with Skype and the need to have a regime in the home, particularly bearing in mind the number of children involved and the age of the children.  As I understand it, her current husband’s child spends time at the house five days per fortnight. 

23.She was thoughtful and careful in her evidence and I am satisfied that, from her own subjective perspective, she has endeavoured to be frank and that her evidence is reliable. 

The Father

24.The father gave his evidence in accordance with the affidavits to which he referred to in his case outline.

25.The father provided a spreadsheet as to his income.  He says, and it appears was the case, that this was a very successful business that the father and mother had in England before they came to Australia which he has tried to replicate in his current circumstances.  That has not entirely met with success in the first few years due to the unforeseen circumstances.

26.He has formed another relationship.  His partner has three children and they had the gift of two more children who are aged two. . It appears that the father is the primary carer of those children, so he has some five children to look after.  Plus, of course, the subject children when they are in the United Kingdom.  He has a modest income his business.  I listened to the careful cross-examination of him by Mr Turnbull and it seems that he earns somewhere between £5000 and £15,000 each year and that income for this year was sufficient to allow him to make the current trip.

27.The father gave evidence that despite his and his partner’s very poor financial circumstances and that they owe about £70,000 to credit card companies, although are not being charged any meaningful interest, that he puts about £20 per month aside for the children, the subject of these proceedings.  In some respects that is positive, but in other respects when the mother is saying that she cannot afford to travel to England and there is arrears of child support of some $10,000, it is perhaps more focused on his concerns about the children’s needs to see him rather than the broader needs of the children.

28.He is not as impressive a witness as is the mother.  He is at times quite verbose and some of his answers seem somewhat self-serving and very long.  I noticed the expression on his counsel’s face as some of the answers came through as not the happiest times of her life.  His evidence at times is not reliable and he has little insight into the impacts of his approach upon the mother.  I do not reject his evidence, but I am careful about it.

The Family Consultant

29.Ms Y (‘the family consultant’) gave evidence and I generally accept her evidence.  One of the interesting parts of this case is that G was some two years of age, I think, when the father went to England and S would have been about four.  What often happens in cases like this is that the relationship between the children and the absent parent disappears.  That relationship continues and, from what everyone says, it is a good relationship.  They are good relationships and I accept the evidence of Ms Y that this could only have arisen because the mother, despite the father’s dim view of her, has encouraged and enabled that relationship.  The father perhaps does not see that, but I accept that evidence of Ms Y.

30.There is no issue in this case that the children should continue to have a meaningful relationship with both parents.  I was going to say that they are not at risk of abuse, neglect or family violence, but unfortunately, in this case, I cannot say that.  These children are exposed to the conflict between their parents.  They know about that conflict and it will bite harder as the years pass.  So far, it has not bitten as hard as it may, but as S and G become themselves, that conflict will impact in a greater and harder way.  As such, I am content to make orders requiring the parties to attend some form of counselling or therapy to try and bring this conflict to an end.

31.It is not possible for me to so easily end the conflict.  I can make orders, and I can make tidy and neat and effective orders, but what I cannot do is stop the conflict.  That is a matter for each of these parents in their own ways to do whatever they can to at least pretend that they respect each other and at least pretend the importance of each other to these children because, from the children’s point of view, and from the evidence before me, they clearly love and respect both of their parents and do not wish to be caught in that conflict. 

32.It is important for these children to have time with their father.  The father is endeavouring, in his own way, to spend time with them in coming to Tasmania and has done so in recent years and I accept his evidence that he has made up time for the time which he missed.  The mother’s concerns about going to England were the regularity of it and the impact upon her at Christmas time.  In my view, it is of importance to these two children that they should spend at least every second Christmas with their siblings in the United Kingdom and I intend to make that order to give effect to that.  I know and I accept that it will cause the mother some cost.  It will cause the mother some emotional pressure to have to manage it, but I intend to do so notwithstanding, as the mother has shown herself to be robust in terms of what has happened so far.

33.I intend to order that the mother take the children to the United Kingdom each year, but in the matter which I referred to earlier.  That is at the election of the mother, provided she gives at least 90 days notice, she can change the December/January time in the non-Christmas Day year to the April school holidays.  That will give her the opportunity to make use of cheap airline tickets, if there are such things around at that time, and give the father time.  It is important, given the tyranny of distance, that the children spend time in the father’s home, learn about their siblings in the United Kingdom.  As such, I will make those orders.  In terms of the time, I will leave that at 18 days for the next few years.  There is no reason why these children cannot spend 18 days in the April holidays as per the Christmas holiday, given the arrangements over Easter. 

34.In terms of the period of time from 29 January 2022, I will not be making an order for 35 days, as that would be in excess or a significant part of the school holiday period.  I intend to increase that, however, to 25 days.  There are two issues regarding the telephone which I need now to address: whether the telephone call should be increased from two to three in 12 months time and whether the time should be based upon UK time rather than Tasmanian time.  In terms of the latter, I intend to leave the time in Tasmanian time, but direct that the parties consider the needs of the other party in terms of that time regarding employment and the like.  My focus ought to be on the children, these children, and as such, I do not intend to make that time change. 

35.As to the additional call, I struggled with that.  On hearing the evidence of the father, particularly when he talked about the difficulties if he was here or the perceived difficulties if he was here, as distinct from one telephone call, although albeit a half hour to an hour call each weekend, it was quite persuasive.  I heard the evidence of the mother and read the evidence of the mother.  The evidence of the family consultant and that of Ms V were persuasive. 

36.As such, I will be leaving the orders in place in respect of the telephone calls as they presently stand.  Given the submissions by Mr Turnbull, I do not intend to make any notation as sought regarding the telephone calls with the paternal grandparents as it seems to be working well and I do not wish to change that.  Each parent is entitled to know where their children reside.  If one parent abuses that, then there are enormous resources available to the parent the subject of that abuse both here and in the United Kingdom.  The mother should be entitled to know the residential address of the children when they are with the father.

I certify that the preceding thirty-four (34) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Benjamin delivered on 8 July 2016.

Associate:     

Date:              8 July 2016