Grant and Curran - [2017] FCCA 1972

FEDERAL CIRCUIT COURT OF AUSTRALIA

GRANT & CURRAN

[2017] FCCA 1972

Catchwords:
FAMILY LAW – Relocation of child to the United Kingdom permitted – whereabouts of father unknown.

Legislation:

Family Law Act 1975, ss.60B, 60CC, 61DA, 65DAA

Cases cited:

Banks & Banks [2015] FamCAFC 36
Bondelmonte v Bondelmonte & Another [2017] HCA 8
Goode v Goode (2007) 36 FamLR 422
Howard & Howard [2016] FamCA 455
Malcolm & Munro (2011) FLC 93-460
Morgan & Miles (2007) FLC 93-343
MRR & GR [2010] HCA 4

Sayer & Radcliffe & Anor [2012] FamCAFC 209

Starr & Duggan [2009] FamCAFC 115

Applicant:

MS GRANT

Respondent:

MR CURRAN

File Number:

PAC 1948 of 2017

Judgment of:

Judge Obradovic

Hearing date:

2 August 2017

Date of Last Submission:

2 August 2017

Delivered at:

Parramatta

Delivered on:

23 August 2017

REPRESENTATION

Appearing for the Applicant:

Mr Layson

Solicitors for the Applicant:

Sarah Bevan Family Lawyers

Appearing for the Respondent:

No appearance

ORDERS

That the mother, Ms Grant, shall have sole parental responsibility for the child [X] born 2010.
That the child shall live with the mother.
That the mother shall be permitted to relocate the child’s residence from the Commonwealth of Australia to the United Kingdom.
That the child shall spend time with and communicate with the father, Mr Curran, as agreed between the parents.
[X] born 2010 is permitted to travel internationally, without the need for the consent of the father to be provided to the issue of a passport to [X] born 2010. The mother shall be the only person with ‘parental responsibility’ of the child [X] born 2010 for the purposes of applying for, and being issued with, an Australian passport for [X] born 2010.
Remove all outstanding issues from the list of cases awaiting finalisation.

THE COURT NOTES THAT:

The mother intends to travel with the child to the Commonwealth of Australia on one occasion each year for the purpose of maintaining a relationship between the child and the extended maternal and paternal families.

IT IS NOTED IN CONNECTION WITH THESE ORDERS that the judgment of Judge Obradovic delivered this day will for all publication and reporting purposes be referred to as Grant & Curran.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

PAC 1948 of 2017

MS GRANT

Applicant

And

MR CURRAN

Respondent

REASONS FOR JUDGMENT

Introduction

These are parenting proceedings commenced by the Applicant mother, Ms Grant in relation to the child [X] born 2010 with the filing of an Initiating Application on 26 April 2017.
The Respondent to the proceedings is the child’s father, Mr Curran who has not filed any material in these proceedings.
The first return date of the Initiating Application was on 31 May 2017 where the Court made orders dispensing with the requirement for personal service of the Initiating Application and supporting material and that service be effected by forwarding the Initiating Application and supporting documents to the father via email and private message via Facebook. The Court also made orders for the mother to…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Grant and Curran

Details

AGLC: Grant and Curran [2017] FCCA 1972
Case: [2017] FCCA 1972
Decision Date: 23 August 2017

CaseChat Overview and Summary

In the matter of *Grant and Curran*, heard before Judge Obradovic, the dispute concerned parenting orders for a child born in 2010. The mother, Ms Grant, sought orders for sole parental responsibility and permission to relocate the child's residence from Australia to the United Kingdom, while the father, Mr Curran, was involved in the proceedings.

The court was required to determine whether to grant the mother sole parental responsibility for the child, whether the child should live with the mother, and crucially, whether to permit the mother to relocate the child to the United Kingdom. Further issues included the arrangements for the child to spend time with and communicate with the father, and the ability of the child to travel internationally, including the issuance of an Australian passport.

Judge Obradovic ordered that the mother have sole parental responsibility for the child and that the child live with her. The court also permitted the mother to relocate the child's residence to the United Kingdom. The child was to spend time with and communicate with the father as agreed between the parents. The mother was granted sole authority for the child's Australian passport, and the child was permitted to travel internationally without the father's consent for passport issuance. The court noted the mother's intention to travel to Australia annually with the child to maintain family relationships.

Orders

Orders of the court

That the mother, Ms Grant, shall have sole parental responsibility for the child [X] born 2010.

That the child shall live with the mother.

That the mother shall be permitted to relocate the child’s residence from the Commonwealth of Australia to the United Kingdom.

That the child shall spend time with and communicate with the father, Mr Curran, as agreed between the parents.

[X] born 2010 is permitted to travel internationally, without the need for the consent of the father to be provided to the issue of a passport to [X] born 2010. The mother shall be the only person with ‘parental responsibility’ of the child [X] born 2010 for the purposes of applying for, and being issued with, an Australian passport for [X] born 2010.

Remove all outstanding issues from the list of cases awaiting finalisation.

THE COURT NOTES THAT:

The mother intends to travel with the child to the Commonwealth of Australia on one occasion each year for the purpose of maintaining a relationship between the child and the extended maternal and paternal families.

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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