Gin & Hing (No 8)

Case [2023] FedCFamC1F 954

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Gin & Hing (No 8) [2023] FedCFamC1F 954

File number MLC 4528 of 2010
Judgment of WILSON J
Date of judgment 22 November 2023
Catchwords FAMILY LAW – PARENTING – Parental responsibility – application for sole parental responsibility by mother and for equal shared parental responsibility by father – best interests of the child – failure of cooperative coparenting – one parent exhibiting a consistently competitive approach towards parenting – held, sole parenting ordered.
Legislation Family Law Act 1975 (Cth) s 4AB, 60CA, 60CC, 61B, 64B(2)(c)
Cases cited

Gin & Hing (No 6) [2023] FedCFamC1F 68

Project Blue Sky v Australian Broadcasting Corporation (1998) 194 CLR 355

Richter v Richter (2019) 63 Fam LR 102

Division Division 1 First Instance
Number of paragraphs 118
Dates of hearing 26, 27, 28, 29 and 30 August 2019, 31 August 2020, 1, 2, 3 and 4 September 2020, 26, 27 and 28 October 2020, 26 and 28 July 2021, 8 November 2021, 17, 18 and 22 February 2022, 2 and 3 March 2022, 1 April 2022, 28, 29 and 30 September 2022, 15, 16 and 27 and 28 February 2023, 4 and 5 July 2023.
Place Melbourne
Counsel for the applicant Mr F Dixon SC (all dates) with Mr A Robinson (26 and 27 August 2019, 31 August 2020, 1, 2, 3 and 4 September 2020, 26, 27 and 28 October 2020, 26 July 2021, 17, 18 and 22 February 2022, 2 and 3 March 2022, 1 April 2022 and 30 September 2022).
Solicitors for the applicant Clancy & Triado
Counsel for the respondent Ms R Stoikovska SC (26, 27, 28, 29 and 30 August 2019) with Mr G Combes (26, 27 and 30 August 2019).
The respondent was unrepresented (on 31 August 2020, 1, 2, 3 and 4 September 2020, 26, 27 and 28 October 2020, 26 and 28 July 2021, 8 November 2021, 17, 18 and 22 February 2022, 2 and 3 March 2022, 1 April 2022, 28, 29 and 30 September 2022, 15, 16, 27 and 28 February 2023, 4 and 5 July 2023).
Solicitors for the respondent M Legal
Counsel for the Independent Children's Lawyer Mr D Whitchurch (all dates)
Solicitors for the Independent Children's Lawyer Macgregor Solicitors

ORDERS

MLC 4528 of 2010

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN

MS HING

Applicant
AND

MR GIN

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY

WILSON J

DATE OF ORDER

22 NOVEMBER 2023

THE COURT ORDERS THAT –

1.The mother have sole parental responsibility for the child of the marriage born 2010.

2.The child live with the mother.

3.The child spend time with the father during all school terms each alternate weekend from the conclusion of school on Friday (or 3:30pm if a non-school day) until 5:00pm the following Sunday.

School Holidays

4.The school holiday period shall be defined as commencing at the conclusion of school on the last day of term and concluding at the commencement of school…

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AGLC
Gin & Hing (No 8) [2023] FedCFamC1F 954
Case
[2023] FedCFamC1F 954
Decision Date

CaseChat Overview and Summary

The Federal Circuit and Family Court of Australia was required to determine a parenting dispute between Ms Hing and Mr Gin concerning their child born in 2010. The court had to decide between the parents' competing proposals for sole or equal shared parental responsibility, time spent with the child, and other related matters. The mother sought sole parental responsibility and for the child to live with her, with specified visitation times for the father. The father sought equal shared parental responsibility and a more balanced time-sharing arrangement. The court found that the mother should have sole parental responsibility, and the child should live with her. The father's proposal was rejected due to his history of competitive and uncooperative parenting, as well as his inability to foster a cooperative co-parenting relationship. The court's decision was based on the child's best interests, considering factors such as the parents' ability to provide a stable and nurturing environment, their capacity for cooperative co-parenting, and the child's own needs and preferences. The final orders granted the mother sole parental responsibility, specified the child's living arrangements and visitation schedule with the father, and included provisions for travel, health, and communication between the child and both parents.

Orders

Orders of the court

MLC 4528 of 2010

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN

MS HING

Applicant

AND

MR GIN

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY

WILSON J

DATE OF ORDER

22 NOVEMBER 2023

THE COURT ORDERS THAT –

1. The mother have sole parental responsibility for the child of the marriage born 2010.

2. The child live with the mother.

3. The child spend time with the father during all school terms each alternate weekend from the conclusion of school on Friday (or 3:30pm if a non-school day) until 5:00pm the following Sunday.

School Holidays

4. The school holiday period shall be defined as commencing at the conclusion of school on the last day of term and concluding at the commencement of school on the first day of the following term with changeovers to occur at 9:00am.

5. During the school term holidays for one half of all school term holidays as agreed, and failing agreement, for the first half with the father and second half with the mother in all even numbered years being from the conclusion of school on the last day of term until 4:00pm on the middle day of the holidays (or if there are two middle days, on the earlier of the two), and the first half with the mother and the second half with the father in all odd numbered years being from 4:00pm on the middle day of the holidays (or if there are two middle days, the earlier of the two) until 2:00pm on the last day of the school holidays.

6. During the long summer holidays, unless otherwise agreed in writing between the parties, the child shall live with the parties as follows –

(a) during the holidays commencing December 2024 and each alternate year thereafter –

(i) the first 14 nights with the mother;

(ii) the next 14 nights with the father;

(iii) the balance of the school holidays divided equally between the mother and the father with the child to spend the first half with the mother and the second half with the father; and

(iv) in the event the holidays exceed 8 weeks, then any further nights, prior to the commencement of Term 1, shall be with the mother.

(b) During the holiday's commencing December 2023 and each alternate year thereafter –

(i) the first 14 nights with the father;

(i) the next 14 nights with the mother;

(ii) the balance of the school holidays (up to 28 nights) divided equally between the mother and father with the child to spend the first half with the father and the second half with the mother; and

(iii) in the event the holidays exceeds 8 weeks, then any further nights, prior to the commencement of Term 1, shall be with the mother.

7. In the event either parent seeks to take the child overseas on holiday during the long school holidays, they shall be entitled to extend one of the above periods for a further week (i.e. up to three weeks in a row) with the other parent given the opportunity the following year for an additional week as follows –

(i) during the holidays commencing December 2024, and each alternate year thereafter, the mother shall have the opportunity to take the child overseas, and have an additional seven nights to do so; and

(ii) during the holidays commencing December 2023, and each alternate year thereafter, the father shall have the opportunity to take the child overseas, and have an additional seven nights to do so.

(b) The child shall spend the last two nights of the long summer holidays, prior to the commencement of Term 1, with the mother.

8. Time pursuant to paragraph 3(a) and (b) herein shall resume after each school term and long summer holiday period as if uninterrupted by the holiday period.

Special Occasions

9. Regardless of any other order, the child shall spend time with the parents on special occasions as follows –

(a) for a cultural festival, from the conclusion of school (or 3:00pm if a non-school day) the previous day until the commencement of school (or 3:00pm if there is no school that day) on the day following the festival (a total of two nights) –

(i) with the father in 2024 and each alternate year thereafter; and

(ii) with the mother in 2023 and each alternate year thereafter;

(b) for Lunar New Year from the conclusion of school (or 3:00pm. if a non-school day) one day prior to Lunar New Year until the commencement of school (or 3.00pm if there is no school that day) on the day following Lunar New Year Day (a total of two nights) –

(i) with the father in 2023 and each alternate year thereafter; and

(ii) with the mother in 2024 and each alternate year thereafter;

(c) if Mother's Day falls on a day when the child would otherwise spend time with the father pursuant to these Orders, the father's time be suspended from 5:00pm on the day preceding Mother's Day until the commencement of school (or 10:00 am if a non-school day) the day after Mother's day;

(d) if Father's Day falls on a day when the child would otherwise spend time with the mother pursuant to these Orders, the father spend time with the child from 5.00pm the day preceding Father's Day until the commencement of school (or 10:00am if a non-school day) the day after Father's day;

(e) on the child's birthday, the parent with whom the parent is residing shall make the child available to spend time with the other parent from the conclusion of school until 8:00pm to enable the other parent to enjoy a meal with the child and then return the child to the resident parent. In the event that the child's birthday falls on a weekend then such arrangement shall take place from 3:00pm until 8:00pm;

(f) if the mother's birthday falls on a day when the child would ordinarily be in the care of the father, the mother spend time with the child from the conclusion of school (or 3.00pm if there is no school) until 8:00pm;

(g) if the father's falls on a day when the child would ordinarily be in the care of the mother, the father spend time with the child from the conclusion of school (or 3:00pm if there is no school) until 8:00pm; and

(h) at such further or other times as may be agreed from time to time by the mother and father in writing.

Travel

10. Each of the mother and father be permitted to travel overseas with the child for the purpose of holiday but only if the party intending to travel has provided the other party with no less than 28 days written notice ("the notice period") of their intention to travel overseas and supplied –

(a) an itinerary of the proposed trip, including the dates of departure and return to Australia and full particulars of travel (including the airline carrier, flight numbers, flight times and stopover(s));

(b) a photocopy of all airline booking(s) purchased; and

(c) a list of the address(es) and telephone number(s) of all places where the child will be accommodated whilst outside the Commonwealth of Australia.

11. If pursuant to paragraph 10 of these Orders either the mother or father intends to travel with the child to a country that is not a Convention Country (as defined in the Family Law (Child Abduction Convention) Regulations 1986 or any like Acts, regulation, convention or law amending or repealing same then in addition to the requirements of paragraph 10 –

(a) the party proposing to travel with the child provide a surety for their return to Australia of $10,000 ("the surety");

(b) the surety be paid into Clancy & Triado's trust account on or before the 21st day of the notice period, and thereafter be held in a trustee approved bank account and not diminished or dealt with in any way unless the child is not returned to Australia within 3 days of the scheduled date of her return when Clancy & Triado shall be at liberty to release the surety (including any accumulated interest) for application by the other party towards the costs of procuring the child's return to Australia, including legal costs, disbursements and fares;

(c) subject to sub-paragraph (b), the surety (including any accumulated interest), be otherwise refunded within seven days to the party who provided it upon the child's return to Australia; and

(d) nothing in this order is intended to cause the release of the surety to the non‑travelling party where the child's return to Australia is, through no fault or neglect of the travelling party, delayed by airline disruption or unfavourable weather conditions.

12. Neither the mother nor father shall unreasonably withhold her and his consent to the other party travelling overseas with the child.

13. The child's current passport shall be –

(a) held by the mother;

(b) released by the mother to the father no less than 10 days before the father intends to travel overseas with the child, provided the father has met the conditions set out in paragraph 9 and 10 (if applicable) above; and

(c) delivered to the mother within 2 days of the conclusion of any travel outside Australia undertaken by the father with the child.

14. In case of a family emergency the provisions in paragraphs 10 and 11 of these orders (if travel is proposed to a country that is not a Convention Country) continue to apply but may be complied with on short notice by the party proposing to travel and, following compliance, the other party shall respond in writing to such request within two days and, if there is agreement, the mother shall forthwith thereafter take all necessary steps to release the child's passport pursuant to paragraph 12 of these orders.

15. Each of the mother and father do all such acts and things and sign all such documents as are necessary to renew or replace child's passport from time to time, at the parties' equal expense, so as to ensure that the passport is valid and there is not less than six calendar months before expiry.

Other Matters

16. The child will continue to attend P School and shall not be enrolled in any other school unless otherwise agreed between the mother and father in writing with the mother to have the final determination in the event of disagreement.

17. The mother shall be the only provider of a single mobile phone for the child with the mother to meet all costs associated therewith and the mobile phone to remain in the possession of the child.

18. The child shall be permitted to telephone either parent at any reasonable time and the child shall be allowed to use her mobile phone for such purpose but for no more than two calls per day, save in the event of emergency.

19. The child shall be permitted to text either parent in the morning between the hours of 8:00am and 8:30am (or 9:00am to 9:30am if a non-school day) and in the evening between the hours of 8:00pm and 8:30pm and shall be allowed to use her mobile phone for such purpose.

20. Neither parent shall be permitted to record the child's telephone conversations and/or personal conversations with either parent or any other person.

21. Changeover shall occur as follows –

(a) on school days, the child shall be delivered to school by the parent whose care she was in and collected from school by the receiving parent; and

(b) on non-school days (including school holidays), the child shall be collected from the other parent's residence by the receiving parent.

22. In the event of the child travelling with school, the responsible parent for ensuring her correct attire and equipment will be the parent with whom the child is at that time residing.

23. Each parent be and is hereby at liberty to attend the child's extracurricular schooling events, awards nights, drama nights or other like events to which parents are normally invited.

24. The child shall attend upon a mutually agreed counsellor or psychologist ("the counsellor") for the purpose of non-reportable counselling to assist the child from time to time with regard to any issues that may arise, and –

(a) in the absence of agreement between the parents within 7 days, the child shall attend upon a counsellor or psychologist as nominated by the mother.

(b) the costs of such counselling shall be borne equally by the parents; and

(c) the frequency of, and attendants to, such sessions shall be as recommended by the counsellor after consulting with the child.

25. Neither parent shall enrol or organise the child to attend any additional extracurricular activities or sporting event which impacts upon the child's time with the other parent without prior written consent of the other unless it is a requirement of the child's school for the child’s participation (noting that the child has been and is enrolled in three extracurricular activities).

26. The mother and father shall each do all acts and things to ensure the child has all available to her and wears her uniform at school (as recommended by the school) and for these purposes each promptly return to the other parent any item of clothing worn or carried by the child when she was last collected by them.

27. Each party shall keep the other promptly notified in writing of any significant illness or injury suffered by the child, including particulars of the treating doctor, the diagnosis and prognosis and the treatment prescribed.

28. Except in an emergency, both parties shall ensure the child only attends upon –

(a) R Medical Centre (S Street, Suburb U) or V Medical Centre, (W Street, Suburb Y) ("the Clinics") for medical advice and/or treatment;

(b) Dr Z, of AA Dental Clinic (BB Street, Suburb CC) for dental treatment; and

(c) such other specialist, general practitioner and/or dentist as may be agreed from time to time by the mother and father in writing and, in the absence of agreement within 7 days, as determined by the mother or to which the child may be referred by the said Clinics of Dr Z.

29. The mother and father shall notify the other in writing in the case of an emergency, within 24 hours of any referral of the child to a specialist medical or dental practitioner, paediatrician and of appointment(s) made in relation thereto.

30. Each shall party keep the other party promptly informed in writing of the child's health insurance particulars (including accounts number) from time to time and do all acts and things necessary to enable the other party to make claims on the health insurance in respect of expenditure made by them.

31. The mother and father shall each provide to the other not less than 7 days' prior written notice of any proposed change of his or her or the child's residential address, telephone number or email address and each parent shall supply to the other precise particulars of the proposed residential address, telephone numbers and email address.

32. In the event either parent is not fully vaccinated against Covid-19, that parent shall forthwith make all necessary arrangements to receive the Covid-19 vaccination/s. Should such vaccinations not be attended to within 14 days of this order, all holiday time be suspended pending evidence that such vaccination has occurred. Each party shall forthwith advise the other if other members of their household over the age of 12 have not been vaccinated.

33. The mother and father shall do all things necessary to comply with and follow government restrictions relating to the spread of Covid-19.

34. The appointment of the Independent Children’s Lawyer is discharged.

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

For the reasons that follow, in my view final parenting orders must be made in accordance with the mother’s proposal. RELEVANT BACKGROUND To better understand these reasons, it is necessary to narrate some details of the key persons in this litigation. The mother is presently 41 years of age. She was born in Country Q. She is the only child of the child’s maternal grandparents. The mother’s parents settled permanently in Australia. The mother has no tertiary education and does not work. The maternal grandparents raised the child’s mother in privileged circumstances. The child’s mother and father met in 2008. At the time each was in his and her early twenties. The father is presently 43 years of age. He was born in Country Q. He qualified as a professional in Australia and until recently, he operated his own business. During the currency of the trial of this proceeding, the father commenced a new business. The father’s second wife is also involved in similar activities. The father and mother married in 2009. The child was born in 2010. The parents separated on a final basis in March 2010 and were divorced in 2013. The father has two children with his second wife. The mother has one child with her second husband. Since her very young years, the child has lived with the mother and spent time with the father. The child has had the good fortune of receiving her primary and secondary education from a very early age at one of Melbourne’s finest private girls’ schools. The evidence was scant as to who paid for the child’s schooling, however. No evidence exhibited that the child has difficulty when living at either parent’s household or in mixing with the other half-siblings in the homes of each parent. If anything, the evidence reveals that the child copes extremely well in her current circumstances. This child has been described as intelligent and mature for her years. Nothing in the evidence revealed anything but a caring attitude towards the child exhibited by the mother’s second husband and by the father’s second wife.HISTORIC EPISODE OF POOR BEHAVIOUR The mother and father have not at all times behaved cooperatively towards one another in the raising of the child. For example –(a)the mother has previously accused the father of presenting the daughter at her school following weekend time in his care in an allegedly dishevelled manner; (b)the mother has previously accused the father of sending the daughter to school with provisions for her lunch that were inadequate; and(c)the father has previously accused the mother of behaving badly on a trip many years ago leading to the police becoming involved, although the police took no part thereafter in the incident. Several things must be said of that evidence of those historical events. First, those events are a long time in the past. Second, the child was considerably younger and in the intervening period the child has matured in such manner that she is able to present herself for school and she can manage her own lunches. Third, since the trip episode no repeat of such an event has occurred.

Evidence

Evidence Before The Court

The focus of this litigation has been the need for formalised parenting orders that are in the best interests of the child’s, in a prospective sense, from the date of the orders to the child’s attainment of her majority when she reaches 18 years of age. That task involves a careful consideration of the competing proposal advanced by each parent on each issue of parental responsibility, time, live with arrangements and other matters.EXPERT EVIDENCE IN THIS CASE Dr N has been involved with the child since the child was very young. Dr N provided nine reports that went into evidence. In those reports, over the duration of time they spanned, it is fair to say that Dr N’s attitude towards the father hardened leading to Dr N expressing opinions that were critical and unfavourable about the father’s capacity to have equal shared parental responsibility and about the father’s proposal for the child to live with him for periods greater than the time the child would spend in the mother’s care. At the insistence of the father, Dr N spent five days being cross-examined by the father. At that phase of the trial, he was not legally represented. The father was seeking to demonstrate that Dr N was biased against the father. Ultimately, the father abandoned his assertions that Dr N was biased. I did not consider that Dr N was biased. She did express adverse views about the father on certain issues, however. A great deal of the father’s efforts when questioning Dr N was directed to his attempts to persuade Dr N into expressing the view that the father was not as difficult as Dr N said he was. Dr N was pressed on this point from a variety of different perspectives. Dr N maintained throughout her questioning by the father that he was a very difficult person and was incapable of cooperatively coparenting the child. Having closely observed the father during the running of this trial it seemed to me that Dr N’s assertions about the father were well founded. That is of no special evidentiary significance because Dr N’s views of the father must be referrable to a specific statutory consideration I am required to address before Dr N’s views can be taken into account in any forensically relevant manner in this litigation. In the specific subsections of s 60CC(3) of the Family Law Act (where relevant) I have incorporated Dr N’s opinions in my considerations as well as in other statutory provisions that fall for consideration.THE PARTIES’ RESPECTIVE PROPOSALS Lengthy as they may each be, it is necessary to record the proposals of the mother on the one hand and of the father on the other.THE MOTHER’S PROPOSAL The iteration of the mother’s proposals for final parenting orders at the commencement of the trial were as set out immediately below. 1.The mother parties have sole joint parental responsibility for the child of the marriage born […] 2010.2.The child live with the mother.3.The child spend time with the father:(a) during all school terms:(i)Each alternate weekend from the conclusion of school on Friday (or 3.30pm if a non-school day) until 5.00pm Sunday the commencement of school (or 9.00am if a non-school day) on Monday.[…]School Holidays4.The school holiday period shall be defined as commencing at the conclusion of school on the last day of term and concluding at the commencement of school on the first day of the following term with changeovers to occur at 9.00am.5.During the school term holidays for one half of all school term holiday periods as agreed, and failing agreement, for the first half with the Father and second half with the Mother in all even numbered years being from the conclusion of school on the last day of te1m until 4.00pm on the middle day of the holidays (or if there are two middle days, on the earlier of the two), and the first half with the Mother and second half with the Father in all odd numbered years being from 4.00pm on the middle day of the holidays (or if there are two middle days, the earlier of the two) until 2.00pm on the last day of the school holidays.6.During the long summer holidays, unless otherwise agreed in writing between the parties, the child shall live with the parties as follows:(a)during the holidays commencing December 2020 and each alternate year thereafter:(i) the first 14 nights with the mother;(ii) the next 14 nights with the father;(iii) the next 14 nights with the mother;(iv) the next 14 nights with the father; and(v) the balance of school holidays, if any, with the mother.(b)During the holidays commencing December 2021 and each alternate year thereafter:(i) the first 14 nights with the father;(ii) the next 14 nights with the mother;(iii) the next 14 nights with the father;(iv) the next 14 nights with the mother; and (v) the balance of school holidays, if any, with the mother.(c)In the event either parent seeks to take the child overseas on holiday during the long school holidays, they shall be entitled to extend one of the above periods for a further week (i.e. up to three weeks in a row) with the other parent given the opportunity the following year for an additional week as follows:(i)during the holidays commencing December 2020, and each alternate year thereafter, the Father shall have the opportunity to take the child overseas, and have an additional seven nights to do so; and(ii)during the holidays commencing December 2021, and each alternate year thereafter, the mother shall have the opportunity to take the child overseas, and have an additional seven nights to do so.(d)Regardless of any order above, the child shall spend the last two night of the long summer holidays, prior to the commencement of Term 1, with the mother.7.Time pursuant to paragraph 3(a) and (b) herein shall resume after each school term and long summer holiday period as if uninterrupted by the holiday period.Special Occasions8.Regardless of any other Order, the child shall spend time with the parents on special occasions as follows:(a)For [a cultural festival], from the conclusion of school (or 3:00pm if a non-school day) the previous day until the commencement of school (or 3.00pm if there is non-school that day) on the day following [the festival] (a total of two nights):(i) With the Father in 2020 and each alternate year thereafter; and(ii) With the Mother in 2021 and each alternate year thereafter.(b)For [Lunar New Year] from the conclusion of school (or 3.00pm if a non-school day) one day prior to [Lunar New Year] until the commencement of school (or 3.00pm if there is no school that day) on the day following [Lunar New Year] (a total of two nights):(i) With the Father in 2021 and each alternate year thereafter; and(ii) With the Mother in 2022 and each alternate year thereafter.(c)If Mother's Day falls on a day when the child would otherwise spend time with the father pursuant to these Orders, the father's time be suspended from 5.00pm on the day preceding Mother’s Day until the commencement of school (or 10:00am if a non-school day) the day after Mother’s Day.(d)If Father's Day falls on a day when the child would otherwise spend time with the mother pursuant to these Orders, the father spend time with the child from 5.00pm the day preceding Father's Day until 5.00pm on Father's Day the commencement of school (or 10:00 a.m. if a non-school day) the day after Father's Day.(e)On the child's birthday ([…]), the parent with whom the·child is residing shall make the child available to spend time with the other parent from the conclusion of school until 8:00pm to enable the other parent to enjoy a meal with the child and then return the child to the resident parent. In the event that the child's birthday falls on a weekend then such arrangement shall take place from 3:00pm until 8:00pm.(f)If the mother's birthday ([…]) or the child's birthday falls on a day when the child would ordinarily be in the care of the father, the mother spend time with the child from the conclusion of school (or 3.00pm if there is no school) until 8:00pm 6.00pm on each birthday.(g)If the father's birthday ([…]) or the child's birthday falls on a day when the child would ordinarily be in the care of the mother, the father spend time with the child from the conclusion of school (or 3.00pm if there is no school) until 8:00pm 6.00pm on each birthday.(h)At such further or other times as may be agreed from time to time by the mother and father in writing.Travel9.Each of the mother and father be permitted to travel overseas with the child for the purpose of holiday but only if the party intending to travel has provided the other party with no less than 28 days written notice ("the notice period") of their intention to travel overseas and supplied:(a)An itinerary of the proposed trip, including the dates of departure and return to Australia and full particulars of travel (including the airline carrier, flight numbers, flight times and stopover(s));(b)A photocopy of all airline ticket booking(s) purchased; and(c)A list of the address(es) and telephone number(s) of all places where the child will be accommodated whilst outside the Commonwealth of Australia.10.If pursum1t to paragraph 11 9. of these orders either the mother and father intend to travel with the child to a country that is not a Convention Country (as defined in the Family Law (Child Abduction Convention) Regulations 1986 or any like Acts, regulation, convention or law amending or repealing same then in addition to the requirements of paragraph 11 9:(a)the party proposing to travel with the child provide a surety for their return to Australia of $10,000 ("the surety");(b)the surety be paid into Clancy & Triado's trust account on or before the 2151 day of the notice period, and thereafter be held in a trustee approved bank account and not diminished or dealt with in any way unless the child is not returned to Australia within 3 days of the scheduled date of her return when Clancy & Triado shall be at liberty to release the surety (including any accumulated interest) for application by the other party towards the costs of procuring the child's return to Australia, including legal costs, disbursements and fares.(c)subject to sub-paragraph (b), the surety (including any accumulated interest), be otherwise refunded within seven days to the party who provided it upon the child's return to Australia.(d)nothing in this order is intended to cause the release of the surety to the non-travelling party where the child’s return to Australia is, through no fault or neglect of the travelling party, delayed by airline distribution or unfavourable weather conditions. 11.Neither the mother nor father unreasonably withhold their consent to the other patty travelling overseas with the child.12The child’s current passport: (a) be held by the mother;(b)be released by the mother to the father no less than 7 10 days before the father intends to travel overseas with the child, provided the father has met the conditions set out in paragraph 9 and 10 (if applicable) above;(c)delivered to the mother within 2 days of the conclusion of any travel outside Australia undertaken by the father with the child.13.In case of a family emergency the provisions of paragraphs 9 and 10 11 (a), (b) and (c) and paragraph 12 of these orders (if travel is proposed to a country that is not a Convention Country) continue to apply but may be complied with on sho1t notice by the party proposing to travel and, following compliance, the other patty shall respond in writing to such request within two days and, if there is agreement, the Mother shall forthwith thereafter take all necessary steps to authorise the Registrar to release the child's passport pursuant to paragraph 12 of these orders.14.Each of the mother and father do all such acts and things and sign all such documents as are necessary to renew or replace the child's passport from time to time, at the parties' equal expense, so as to ensure the passport is valid and there is not less than six calendar months before expiry. and any passport so obtained be forthwith delivered up to the Registrar of the Family Court pursuant to the provisions of paragraph 16 of these orders.Other Matters15.The child continue to attend [P School] until the conclusion of grade 6 and shall not be enrolled in any other school unless otherwise agreed between the mother and father in writing.16.The child shall be permitted to telephone either parent at any reasonable time and the child shall be allowed to use her mobile phone for such purpose but for no more than two calls per day, in the event of emergency.17.The child shall be permitted to text either parent in the morning between the hours of 8.00am and 8.30am (or 9.00am if a non-school day) and in the evening between the hours of 8.00, and 8.30pm and shall be allowed to use her phone for such purpose.18.Neither parent shall be permitted to record the child's telephone conversations.19.Changeover shall occur as follows:(a)On school days, the child shall be delivered to school by the parent whose care she was in and collected from school by the receiving parent;(b)On non-school days (including school holidays), the child shall be collected from the other parent's residence by the receiving parent.20.In the event of the child travelling with school, the responsible parent for ensuring her correct attire and equipment will be the parent with whom the child is at that time residing.21.Each parent be and is hereby at liberty to attend the child's extracurricular schooling events, awards nights, drama nights or other like events to which parents are normally invited to.22.Each parent (and if necessary the child) shall jointly attend upon a mutually agreed counsellor or psychologist ("the counsellor") for the purpose of non‑reportable counselling to assist the parents from time to time with regard to any issues that may arise on parenting matters and:(a)In the absence of agreement within 21 days, the parties shall attend upon a counsellor or psychologist as nominated by the independent children's lawyer.(b)the costs of such counselling shall be borne equally by the parents;(c)the frequency of, and attendants to, such sessions shall be as recommended by the counsellor after consulting with both parents.23.Neither parent shall enrol or organise the child to attend any additional extracurricular activities or sporting event which impacts upon the child's time with the other parent without prior written consent of the other unless it is a requirement of the child's school for the child's participation (noting that the child has been and is enrolled in [three extracurricular activities]).24.The mother and the father each do all acts and things to ensure the child has available to her and wears her uniform at school (as recommended by the school) and for these purposes each promptly return to the other parent any item of clothing worn or carried by the child when she was last collected by them.25. Each of the mother and father, by themselves, their servants and/or agents be and are hereby restrained from:(a) Discussing with the child any Family Court document or order; and/or(b)Denigrating criticising, insulting or belittling the other parent or any member of the other parent's family or household to the child or within the child's hearing; and/or(c)Permitting or abiding the child to be within hearing of any other person doing any of the acts specified in sub-paragraphs (a) and (b) of this order.26.Each party keep the other promptly notified in writing of any significant illness or injury suffered by the child, including particulars of the treating doctor, the diagnosis and prognosis and the treatment prescribed.27.Each of the mother and father notify the other in writing within 24 hours of any referral of the child to a specialist medical or dental practitioner, paediatrician, physiotherapist, psychologist or like health professional and of appointment(s) made in relation thereto.28.Each party keep the other party promptly informed in writing of the child’s health insurance particulars (including account number) from time to time and do all acts and things necessary to enable the other party to make claims on the health insurance in respect of expenditure made by them.29.The mother and father each provide to the other not less than 7 days' prior written notice of any proposed change of their and/or the child's residential address, telephone number or email address and supply precise particulars of the proposed residential address, telephone numbers and email address.30.That the father pay the mother's costs of and incidental to this application.31.Such further and other Orders as this Honourable Court deems appropriate.THE FATHER’S PROPOSALS

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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