FEDERAL MAGISTRATES COURT OF AUSTRALIA
| GLOVER & TAYLOR | [2007] FMCAfam 926 |
| FAMILY LAW – Relocation – mother’s new partner in Navy and posted to Western Australia from New South Wales – relevant factors. |
| Family Law Act 1975, ss.60B, 60CC, 60I, 61DA, 65DAA Bolitho & Cohen (2005) FLC 93-224 |
| Applicant: | MS GLOVER |
| Respondent: | MR TAYLOR |
| File Number: | WOC 335 of 2007 |
| Judgment of: | Altobelli FM |
| Hearing date: | 19 September 2007 |
| Date of Last Submission: | 19 September 2007 |
| Delivered at: | Wollongong |
| Delivered on: | 18 December 2007 |
REPRESENTATION
| Applicant: | Self Represented |
| Respondent: | Self Represented |
ORDERS
The parents have equal shared parental responsibility for the Child J born in January 2000 (‘the Child”).
(A) Should the Mother continue to reside in or around N:
The Child live with the Mother.
The Child spend time with the Father as follows:
(a)Every third weekend (calculated to coincide with the existing cycle of weekend time based on previous orders) from 6.00pm Friday to 5.00pm Sunday except when there is a long weekend in which case the Child’s time with the Father is extended to include either the preceeding Friday or the succeeding Monday as the case may be; and
(b)The whole of the Easter or April school holidays from 6.00pm the Monday after the conclusion of school to 6.00pm on the Friday before school resumes; and
(c)One half of the June/July and September/October school holidays, calculated as seven (7) nights from 6.00pm on the Monday after the conclusion of school; and
(d)For four weeks of the December/January school holidays commencing from 6.00pm on the Monday after the conclusion of school until 6.00pm on the Monday four weeks later; and
(e)At all other times as agreed between the parents from time to time; and
(f) If the Father is to spend time with the Child in N, he is to give the Mother two weeks notice in writing, and such additional time is to commence at 6.00pm on the Friday and conclude at 6.00pm on the Sunday.
(g)For the purposes of implementing these orders the parents will arrange to transport the Child to McDonalds Family Restaurant at N.
The Mother is hereby restrained from removing the Child from the N district without the prior consent of the Father or an order of the Court.
(B) Should the Mother relocate to Perth:
The Mother is hereby restrained from removing the Child from the N district without the prior consent of the Father or an Order of the Court.
The Child live with the Father.
The…
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- AGLC
- Glover and Taylor [2007] FMCAfam 926
- Case
- [2007] FMCAfam 926
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were the allocation of the child's residence, the visitation schedule, and the communication arrangements between the child and the non-resident parent, in the event of the mother relocating to Perth. The court also had to consider the principles of shared parental responsibility and the best interests of the child.
The court decided that the parents would share equal responsibility for the child. If the mother remained in or around N, the child would live with her and spend specific periods with the father, including weekends, school holidays, and additional weeks during the December/January break. Should the mother relocate to Perth, the child would live with the father, with the mother retaining visitation rights during school holidays and alternating four-week periods during the December/January holidays. The court further ordered that the mother could not relocate the child from N without the father’s consent or a court order. Communication between the child and the non-resident parent was to be facilitated through phone calls, video communication, and email, with the parents to bear the costs of air travel for the child to alternate between parents.
The court made orders for the parents to attend family dispute resolution and mediation before seeking further court orders regarding the child. The final orders were tailored to ensure that both parents could maintain a meaningful relationship with the child, while also considering the logistical challenges of long-distance relocation.
Orders
Orders of the court
1.
The parents have equal shared parental responsibility for the Child J born in January 2000 (‘the Child”).
(A) Should the Mother continue to reside in or around N:
2.
The Child live with the Mother.
3.
The Child spend time with the Father as follows:
(a) Every third weekend (calculated to coincide with the existing cycle of weekend time based on previous orders) from 6.00pm Friday to 5.00pm Sunday except when there is a long weekend in which case the Child’s time with the Father is extended to include either the preceeding Friday or the succeeding Monday as the case may be; and
(b) The whole of the Easter or April school holidays from 6.00pm the Monday after the conclusion of school to 6.00pm on the Friday before school resumes; and
(c) One half of the June/July and September/October school holidays, calculated as seven (7) nights from 6.00pm on the Monday after the conclusion of school; and
(d) For four weeks of the December/January school holidays commencing from 6.00pm on the Monday after the conclusion of school until 6.00pm on the Monday four weeks later; and
(e) At all other times as agreed between the parents from time to time; and
(f) If the Father is to spend time with the Child in N, he is to give the Mother two weeks notice in writing, and such additional time is to commence at 6.00pm on the Friday and conclude at 6.00pm on the Sunday.
(g) For the purposes of implementing these orders the parents will arrange to transport the Child to McDonalds Family Restaurant at N.
4.
The Mother is hereby restrained from removing the Child from the N district without the prior consent of the Father or an order of the Court.
(B) Should the Mother relocate to Perth:
5.
The Mother is hereby restrained from removing the Child from the N district without the prior consent of the Father or an Order of the Court.
6.
The Child live with the Father.
7.
The Child spend time with the Mother as follows:
(a) The whole of each school holiday except for the December/January school holidays commencing from 6.00pm on the Monday after the conclusion of school; and
(b) Commencing in 2007, and alternating thereafter, for the first four weeks of the December/January school holidays to include Christmas, Boxing Day and New Year’s Day commencing from 6.00pm on the Monday after the conclusion of school until 6.00pm on the Monday four weeks later; and
(c) Commencing in 2008, and alternating thereafter, the last four weeks of the December/January school holidays, to exclude Christmas, Boxing Day and New Year’s Day commencing from 6.00pm on the third Monday after the conclusion of school, and concluding at 6.00pm on the Sunday immediately preceeding the recommencement of school.
(d) As agreed between the parents from time to time.
8.
The Child is to communicate with the Mother as agreed between the parties, but failing agreement, in the following manner:
(a) By telephone three nights per week between 5.30pm and 7.45pm New South Wales time; and
(b) By webcam or equivalent visual internet communication two nights weekly before 7.30pm New South Wales time on weeknights; and
(c) By email and mail.
9.
The parents are both to do all things necessary to implement Order 8 above and to facilitate the Child’s communication with the Mother.
10.
Order 8 shall also govern the Child’s communication with the Father when the Child is with the Mother.
11.
To implement Order 7, the following provisions apply:
(a) The stated commencement time is the time the Child should, if possible, arrive in Perth.
(b) The stated time of conclusion is the time the Child should, if possible, arrive in W.
(c) The Father will deliver the Child into his Mother’s care by arranging for the Child to travel by air from W to Perth and the Mother will deliver the Child into his Father’s care by arranging for him to travel by air from Perth to W.
(d) The Father is to make and pay for all flight arrangements in accordance with these orders, and notify the Mother of these within 24 hours of their making. The mother is to reimburse the father within seven (7) days for one-third of the total cost.
12.
The mother have responsibility for the day to day care of the child when he is spending time with her, and the father have responsibility for the day to day care of the child at all other times.
13.
Each parent is to provide the other parent as soon as possible after such occurance, details of any illness or injury to the child whilst in their care.
14.
The father will facilitate the mother’s access to school reports, notices and advices concerning the child and make available to the mother order forms for school photographs of the child.
15.
That in the event the parents cannot reach a joint decisions about:-
(a) a major long-term issue involving the Child; or
(b) the interpretation of these Orders; or
(c) the implementation of these Orders; or
(d) the enforcement of these Orders; which involve the child,
each of the parents will do all things necessary to participate in Family Dispute Resolution at an Organisation recognised under the Family Law Act.
16.
That before an Application is made to a Court for a variation of these Orders to take account of the changing needs or circumstances of the Children or of the parties, each of the parents is to take the following steps:-
(a) The Father and the Mother shall each do all things necessary to attend Counselling or Mediation with an Organisation recognised under the Family Law Act; and
(b) The Father and the Mother shall each participate in Family Dispute Resolution with an Organisation recognised under the Family Law Act.
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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