GRANT & GRANT

[2017] FamCA 291

FAMILY COURT OF AUSTRALIA

GRANT & GRANT [2017] FamCA 291

FAMILY LAW – CHILDREN – Interim orders – with whom a child spends time – overnight time – where husband seeks overnight time for the parties’ daughter aged 4 – where the wife opposes – where the wife says the child will not cope with separation – where the child already spends substantial time with the father each Saturday and Sunday –where the Court considers the evidence of the family consultant that the child should not have overnight time – where the Court considers it is the best interest of the child to spend overnight time with the husband – Husband’s application allowed.

FAMILY LAW – CHILDREN – Interim orders – international travel – where the wife is an American citizen and seeks to take the children to the United States of America and Country D over the Christmas 2017 holidays – where the husband opposes the application – where the Court considers that the United States of America and Country D are Hague Convention countries – where the Court balanced the interests of the children having a meaningful relationship with the wife’s family and their relationship with the husband – where international travel allowed – Wife’s application allowed.

Family Law Act 1975 (Cth) s 60CC

Andrew & Delaine [2009] FamCAFC 182
APPLICANT:	Ms Grant

RESPONDENT: Mr Grant

FILE NUMBER: ADC 1153 of 2016

DATE DELIVERED: 10 May 2017

PLACE DELIVERED: Adelaide

PLACE HEARD: Adelaide

JUDGMENT OF: Berman J

HEARING DATE: 2 May 2017

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Lewis

SOLICITOR FOR THE APPLICANT: Jordan & Fowler

COUNSEL FOR THE RESPONDENT: Mr Lindsay

SOLICITOR FOR THE RESPONDENT: BBS Lawyers

Orders

it is ordered until further order:

1. That the previous parenting orders be discharged.

2. That the parties each have equal shared parental responsibility for B (“B”) born … 2012 and C (“C”) born … 2016.

3. That until further order the children live with the wife and spend time with the husband as follows:-

   (a)       With B:

   (i)From Monday at the conclusion of the child’s attendance at the Early Learning Centre or school to the commencement of her attendance at the Early Learning Centre or school (and if neither to the wife at 9.00 am) on the following Tuesday commencing Monday 22 May 2017 and each alternate week thereafter;

   (ii)From 10.00 am Saturday to 6.00 pm Sunday commencing 13 May 2017 and  alternate week thereafter:

   (b)       With C:

   (i)     Each Monday and Friday from 9.00 am to 11.00 am.

4. That the wife have leave to remove the children from the Commonwealth of Australia for a period of twenty one (21) days during December 2017 and January 2018 at such times as may be agreed between the parties or as ordered by the Court.

5. That within thirty (30) days of the wife’s intended date of travel she provide to the husband:-

   (a)        an itinerary of travel;

   (b)the address and contact details of each place that the children are to reside in;