FEDERAL CIRCUIT COURT OF AUSTRALIA
| GRANTLEY & JACQUES | [2014] FCCA 306 |
| Catchwords: FAMILY LAW – Children – applicant mother files Notice of Discontinuance ‑ undefended – consideration of proposals of Respondent father and ICL ‑ best interests. |
| Legislation: Family Law Act 1975, Part VII, ss.60B, 60CA, 60CC, 61DA, 65DAA |
| MRR v GR [2010] HCA 4 Runcorn & Raine at [2008] FamCA 837 |
| Applicant: | MS GRANTLEY |
| Respondent: | MR JACQUES |
| File Number: | BRC 9586 of 2012 |
| Judgment of: | Judge Purdon-Sully |
| Hearing date: | 29 January 2014 |
| Date of Last Submission: | 29 January 2014 |
| Delivered at: | Brisbane |
| Delivered on: | 30 January 2014 |
REPRESENTATION
| Solicitors for the Applicant: | No appearance |
| Counsel for the Respondent: | Ms K Oakley |
| Solicitors for the Respondent: | Files Stibbe Lawyers |
| Counsel for the Independent Children’s Lawyer: | Ms A Black |
| Independent Children’s Lawyer: | Rhonda Sheehy & Associates |
ORDERS
That the children, [X] born [in] 1997, [Y] born [in] 1999 and [Z] born [in] 2005 (“the children”) live with the father.
That the mother and father have equal shared parental responsibility for the children and in the exercise of that responsibility:
(a)they consult with each other about decisions to be made;
(b)they inform the other parent about the decision to be made;
(c)they consult with each other on terms that they agree; and
(d)they make a genuine effort to come to a joint decision.
That for the purpose of Order 2 hereof, the mother and father communicate in writing/by text message/by email or similar with the father to instigate the communication to the mother.
That notwithstanding the provisions of Order 2:
(a)the father be responsible for the daily care, welfare and development of the children when they are living with him; and
(b)the mother be responsible for the daily care, welfare and development of the children when they are spending time with her.
That the mother spend time with and communicate with the child, [Z] at all times as may be mutually agreed and failing agreement as follows:
(a)From 9.00am to 5.00pm each Saturday for a period of three (3) months;
(b)Thereafter, from 5.00pm Friday to 5.00pm Sunday for a period of three (3) months;
(c)Thereafter, as follows:
(i)Each alternate weekend during school terms from conclusion of school Friday to commencement of school Monday to include long weekends where those weekends fall at such times and, in particular, to commence at conclusion of school Thursday if the Friday is a public holiday and to terminate at commencement of school Tuesday if the Monday is a public holiday with changeover to occur in all instances at the said child’s school;
(ii)From conclusion of school Friday to commencement of school Monday on Mother’s Day weekend with no time to occur on Father’s Day weekend;
(iii)For one half of all Queensland gazetted school holidays to include alternate Christmas days and, in particular, for the first half in even years including Christmas Day and the second half in odd years excluding Christmas Day…
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- Grantley and Jacques [2014] FCCA 306
- Case
- [2014] FCCA 306
- Decision Date
CaseChat Overview and Summary
The court was required to determine the best interests of the children in relation to their residence and the allocation of parental responsibility. Specifically, the court considered how parental responsibility should be exercised, including communication and decision-making between the parents, and the specific time the mother would spend with the children, particularly the youngest child, [Z]. The court also addressed practical arrangements for the children's welfare, including communication protocols, counselling, and dispute resolution.
Purdon-Sully J ordered that the children live with the father and that both parents share equal parental responsibility, with specific provisions for consultation and communication regarding decisions. The court detailed a phased approach to the mother's time with the child [Z], commencing with supervised contact and progressing to unsupervised alternate weekends and significant portions of school holidays. The orders also mandated attendance at post-separation parenting programs, counselling for the father to facilitate reconnection with the children, and a framework for dispute resolution.
These orders were made in the absence of the mother, and she was granted liberty to apply to have them set aside pursuant to Rule 16.05(2)(a) of the Federal Circuit Court Rules 2001.
Orders
Orders of the court
1.
That the children, [X] born [in] 1997, [Y] born [in] 1999 and [Z] born [in] 2005 (“the children”) live with the father.
2.
That the mother and father have equal shared parental responsibility for the children and in the exercise of that responsibility:
(a) they consult with each other about decisions to be made;
(b) they inform the other parent about the decision to be made;
(c) they consult with each other on terms that they agree; and
(d) they make a genuine effort to come to a joint decision.
3.
That for the purpose of Order 2 hereof, the mother and father communicate in writing/by text message/by email or similar with the father to instigate the communication to the mother.
4.
That notwithstanding the provisions of Order 2:
(a) the father be responsible for the daily care, welfare and development of the children when they are living with him; and
(b) the mother be responsible for the daily care, welfare and development of the children when they are spending time with her.
5.
That the mother spend time with and communicate with the child, [Z] at all times as may be mutually agreed and failing agreement as follows:
(a) From 9.00am to 5.00pm each Saturday for a period of three (3) months;
(b) Thereafter, from 5.00pm Friday to 5.00pm Sunday for a period of three (3) months;
(c) Thereafter, as follows:
(i) Each alternate weekend during school terms from conclusion of school Friday to commencement of school Monday to include long weekends where those weekends fall at such times and, in particular, to commence at conclusion of school Thursday if the Friday is a public holiday and to terminate at commencement of school Tuesday if the Monday is a public holiday with changeover to occur in all instances at the said child’s school;
(ii) From conclusion of school Friday to commencement of school Monday on Mother’s Day weekend with no time to occur on Father’s Day weekend;
(iii) For one half of all Queensland gazetted school holidays to include alternate Christmas days and, in particular, for the first half in even years including Christmas Day and the second half in odd years excluding Christmas Day with changeover to occur at [omitted] Contact Centre provided that should [omitted] be unable to facilitate changeover, such changeover occur at McDonalds [omitted] at commencement and conclusion of time.
(iv) By telephone communication each Wednesday at 7.00pm with the mother to instigate the telephone call to the father’s mobile/landline at that time and with the father to facilitate that telephone call by permitting the said child to answer the telephone call provided that the child is permitted privacy without any interruption or intervention by any other party in the household provided further that the father have reciprocal telephone communication to the child when the child is with the mother on the same bases.
6.
That the mother provide at least two (2) weeks written notice to the father (and to [contact centre omitted] for school holiday time) of her intention to exercise that time set out in Orders 5(a), 5(b), and 5(c) hereof and, thereafter, both the mother and father strictly comply with these Orders.
7.
That in the event the other provides two (2) weeks notice aforesaid, the mother and father attend independent counselling to support and facilitate the mother’s relationship and her time with the child as herein set out such time not to be dependent upon counselling being undertaken in the first instance.
8.
That the Independent Children’s Lawyer nominate a panel of three (3) counsellors to the father for the children to be counselled to assist him in the reconnection of their relationship with the mother.
9.
That the parties undertake any intake procedures as may be required by [omitted] Contact Centre for changeover to occur at their joint cost and both parties comply in every respect with the guidelines of that Centre to take effect once the mother has provided the notice in Order 6 hereof.
10.
That the mother and father forthwith arrange, enrol in, and complete a Post Separation Parenting Orders Program and provide a certificate of completion to each other within seven (7) days of receipt of same.
11.
That the mother and father by these Orders be at liberty to attend all school functions to which all of the children attend, including but not limited to sports days, concerts, plays, carnivals, fetes and parent teacher meetings.
12.
That the mother and father forthwith take all steps necessary with the principal/secretary of the school/s at which all of the children attend to enable the mother and the father to each receive at his/her address, and at his/her expense, copies of all of the children’s school reports, school photos and newsletters of functions.
13.
That each party keep the other informed in writing/by text message/by email of his/her current residential address and contact telephone number/email address and of any change thereto within forty eight (48) hours of any such change.
14.
That the mother and father by these Orders authorise all health care providers and educational experts involved with all of the children from time to time to liaise directly with the mother and father at his/her request and at his/her expense and the mother and father immediately provide the full names/addresses and contact telephone numbers of such health care providers and educational experts to each other in writing/by text message/by email.
15.
That each party contact the other in the event of any medical or other emergency involving any of the said children whilst with him/her.
16.
That within twenty eight (28) days of the date of these Orders the father provide to his counsellor a copy of the family report prepared by Ms B, together with the Court’s Reasons for Judgment delivered 30 January 2014, upon receipt of same.
17.
That within twenty eight (28) days of the date of these Orders, the mother and the father provide to their respective counsellors a copy of the family report prepared by Ms B, together with the Court’s Reasons for Judgment delivered 30 January 2014, upon receipt of same.
18.
That in the event of any dispute arising out of these Orders, the mother and father engage in family dispute resolution, with the mother to provide a panel of three (3) such Family Dispute Resolution Practitioners and the father to nominate one (1) within three (3) business days thereafter with the costs to be shared equally if applicable.
19.
That the Independent Children’s Lawyer be discharged upon Order 8 hereof being effected.
20.
That these Orders were made in the absence of the mother and that pursuant to Rule 16.05(2)(a) of the Federal Circuit Court Rules 2001 the mother may apply to have these Orders set aside.
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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