HARMON & KARDOS

[2018] FCCA 3878

FEDERAL CIRCUIT COURT OF AUSTRALIA

HARMON & KARDOS [2018] FCCA 3878

Catchwords:
FAMILY LAW – Parenting – relocation – young child – concerns about mother’s mental health militate in favour of relocation.

Legislation:

Family Law Act 1975 (Cth), ss.60CC, 65DAA

Applicant: MS HARMON

Respondent: MR KARDOS

File Number: ADC 4983 of 2017

Judgment of: Judge Young

Hearing dates: 29 & 30 November 2018

Date of Last Submission: 30 November 2018

Delivered at: Adelaide

Delivered on: 5 December 2018

REPRESENTATION

Counsel for the Applicant: Mr Shoebridge of Counsel

Counsel for the Respondent: Ms Dickson of Counsel

Solicitors for the Respondent: Maley Barristers & Solicitors

BY CONSENT IT IS ORDERED

1. That the Orders made in the Federal Circuit Court of Australia at Adelaide on 18 December 2017 and in the Federal Circuit Court of Australia at Darwin on 12 February, 2018, 16 March 2018 and 25 July 2018 be discharged in entirety.

2. That the parents have equal shared parental responsibility for the child [X] born …2016 (“the child”).

3. That, for the purposes of Order 2 herein, the parents shall communicate in writing about matters having to do with the care and welfare of the child, including but not limited to:

   (a)The child’s education and changes to the child’s schooling arrangements;

   (b)The child’s health;

   (c)The child’s religious and cultural upbringing;

   (d)Changes to the child’s living arrangements.

   Notation: And the parents shall make a genuine effort to come to a joint decision on major long-term issues, including sharing costs of the same if applicable, in terms to which they both agree.

4. That, in the event that the parents cannot come to a joint decision about a major long term issues they will do all things necessary to participate in family dispute resolution with an accredited Family Dispute Resolution Practitioner.

5. That, in case of emergency decisions concerning the child’s health, the parent who has care of the child shall make immediate decisions as required and inform the other parent of that decision immediately.

6. That each parent will advise the other of their residential address, telephone numbers (including mobile and landline numbers if any), Skype username and each parent shall, within 48 hours of any change to these details, advise the other parent of that change.

7. That each parent will communicate with each other by SMS text message except in the event of an emergency when communication will be by telephone.

8. That each parent otherwise communicate about parenting matters using the App called ‘MyMob’ to advise each other of matters such as medication, routine and other important child related matters, and the parties shall do all things necessary to install the App as soon as practicable.

9. That both parties are entitled to attend school or extracurricular events and that each parent is to keep the other informed of any such important events.

10. That each parent be entitled to obtain directly from any school attended by the child, copies of any school reports, school photos or any verbal or written information relevant to the child’s education.

11. That without admission, each parent be restrained by injunction and an injunction issue restraining each parent from:

    (a)Denigrating the other parent or members of the other parents’ family to the child or in the child’s hearing or presence, or allowing anybody else to do so;

    (b)Smoking cigarettes in the immediate vicinity of the child;

    (c)Drinking alcohol in excess of the legal limit while the child is in his/her care;

    (d)Excessively questioning the child about the other parent’s household;

    (e)Discussing or otherwise exposing the child to particulars of the family law proceedings.

    (f)Interfering with the time the other parent is spending with the child, by way of Facetime/Skype, pursuant to these orders.

12. That within fourteen (14) days of a written request to do so, each parent will do all acts and sign all such documents as are necessary to enable the child to obtain an Australian Passport from the Australian Passport Office, at the requesting parent’s cost, and the original passport will be held by the mother unless released to the father in accordance with the order below.

13. That should either parent wish to travel overseas with the child, that parent will:

    (a)Provide the other parent with at least one (1) months’ notice of their intentions to travel including details of the destination and length of trip;

    (b)Two (2) weeks in advance of departure provide the other parent with a full itinerary of their intended travel plans, including the details of where they will be predominantly staying and contact telephone numbers;

    (c)Provide the other parent with a copy of return tickets for the child;

    (d)Upon receipt of same, the other parent shall forthwith release the passport to the travelling parent;

    (e)The travelling parent shall have their mobile telephone on international roaming; and

    (f)The travelling parent shall arrange for the child to telephone the non-travelling parent at least once weekly at times appropriate to each time zone.

14. That any overseas travel in accordance with the above order is to occur during the time the child would be spending time with the travelling parent pursuant to these orders, or at such other times as agreed between the parents in writing.

15. That when the child is living with the mother, she (the mother) will send by SMS text or e-mail to the father the following on at least one occasion per week:

    (a)Short videos of the child or

    (b)Photos of the child with short, appropriate and child focused messages.

16. That when the child is spending time with the father, he (the father) will send by SMS text or e-mail to the mother the following on at least one occasion during the time period [X] is then with the father:

    (a)Short videos of the child or

    (b)Photos of the child with short, appropriate and child focused messages.

THE COURT ORDERS:

1. That the child live with the mother.

2. That the mother be permitted to relocate with the child to South Australia immediately.

If the father resides in the Northern Territory or a distance exceeding 100 kilometres from the mother’s South Australian residence:

1. That prior to the child turning 3 years of age (and if the father resides in the Northern Territory or a distance exceeding 100 kilometres from the mother’s South Australian residence), the child is to spend time with and communicate with the father at all times as agreed to by the parties in writing, but failing agreement,

   (a)for the last week of every month from 11 am Friday in the last week of the month to 5pm the following Monday.

2. For the purpose of order 19, changeover shall occur by the mother delivering the child to the father at Darwin Airport at the commencement of the child spending time with the father and the father delivering the child to the mother at Adelaide Airport at the end of the child spending time with the father.

3. That upon the child turning 3 years of age (and if the father resides in the Northern Territory or a distance exceeding 100 kilometres from the mother’s SA residence), the child is to spend time with and communicate with the father at all times as agreed to by the parties in writing, but failing agreement:

   (a)for the last week of every month from 12pm Thursday in the last week of the month to 5pm the following Monday.

   (b)for Christmas in 2019 from 27 December 2019 until 3 January 2020

4. That upon the child turning 4 years of age up to prior to the child commencing primary school (and if the father resides in the NT or a distance exceeding 100 kilometres from the mother’s SA residence), the child is to spend time with and communicate with the father at all times as agreed to by the parties in writing, but failing agreement:

   (a)for the last week of every month from 12pm Friday in the last week of the month to 5pm the following Friday.

   (b)for Christmas in 2020 from 23 December 2020 until 30 December 2020.

5. Subject to the relevant airline’s conditions for an unaccompanied minor, the child may travel unaccompanied

6. That from when the child commences primary school (and if the father resides in the NT or a distance exceeding 100 kilometres from the mother’s SA residence), the child is to spend time and communicate with the father at all times agreed between the parties in writing and failing agreement as follows:

   (a)In SA, up to 4 times during the SA school year from 5pm Friday to 12pm the following Sunday on the basis that the father provides at least 90 days prior written notice to the mother of his intention of visiting SA to spend time with the child; and

   (b)During the SA public gazetted school holidays as follows:

   (i)     for 7 days commencing 1pm Sunday after school term ends to  the following Sunday at 1pm for the following school holiday periods in:

   A.April

   B.June/July

   C.September/October

   (ii)    For 14 days in the December/January school holiday period in all:

   A.even numbered years, commencing on the first Sunday at 1pm after school semester ends to the third Sunday at 1pm of those school holidays;

   B.odd numbered years, for 14 days in the last two (2) weeks of those school holidays commencing on the third last Sunday at 1pm to Sunday at 1pm prior to school recommencing.

7. That upon the child turning 8 years of age, the time the child is to spend with the father pursuant to order 22(b)(ii) above, will increase to 21 days in the December/January school holiday period, in all:

   (a)even numbered years, commencing on the first Sunday at 1pm after school semester ends to the fourth Sunday at 1pm of those school holidays;

   (b)odd numbered years, for 21 days in the last three (3) weeks of those school holidays ending on the last Sunday of the holidays at 1pm.

Changeover

1. That for the purpose of the child spending time with the father in accordance with the above orders if the child cannot travel unaccompanied:

   (a)the mother will travel with the child to Darwin at the commencement of the child spending time with the father at the mother’s expense.

   (b)the father will travel with the child to Adelaide at the end of spending time with the child at the father’s expense.

   (c)The exchange point shall be the Darwin and Adelaide Airport baggage claim areas respectively, unless otherwise agreed between the parties.

2. The child may spend time with the father in Queensland in lieu of the child spending time with the father in the NT upon the father providing at least 90 days prior written notice to the mother that he wishes to spend time with the child in Queensland:

   (a)the mother will travel with the child to Brisbane at the commencement of the child spending time with the father, at the mother’s expense.

   (b)the father will travel with the child to Adelaide at the end of spending time with the child, at the father’s expense.

3. Upon the either parent providing at least 1 day prior written notice to the other, either parent may select an agent on their behalf to deliver the child to and/or collect the child from the care of the other parent. The selected agent must be the child’s immediate relative such as maternal or paternal grandparents or uncle/ aunty.

If the father lives within 100 kilometres of the mother’s South Australian Residence

1. That prior to the child commencing school (and if the father lives within 100 kilometres of the mother’s South Australian Residence) the child is to spend time and communicate with the father at all times agreed between the parties in writing and failing agreement as follows:

   (a)during SA school semesters, each alternate weekend from 5pm Friday to 1pm  Monday;

   (b)during the SA gazetted school holidays, the child’s time with the father as referred to in the preceding paragraph herein shall be suspended, with the child to spend time with the father as follows:

   (i)     Each alternate Easter long weekend from the first Friday at 5pm until the following Monday at 5pm.

   (ii)    For the December /January school holiday period, each:

   A.even numbered year from 21 December at 10am to 28 December at 10am;

   B.odd numbered year from 27 December at 10am to 3 January at 10am.

2. The upon the child commencing school (and if the father resides within 100 kilometres of the mother’s South Australian Residence), the child is to spend time with the father at all times the parties agree to in writing, but failing agreement as follows:

   (a)During the SA school semester, each alternate weekend from immediately after school Friday (or 2:30pm Thursday if Friday is a public holiday), to the commencement of school the following Monday (or 8:30am Tuesday if Monday is a public holiday), with the Father to collect and return the Child to and from school.

   (b)During the SA gazetted school holidays as follows:

   (i)     For the first week from Sunday at 10am at the commencement of the school holidays until the following Sunday at 10am for the following school holiday periods:

   A.April/May,

   B.July, and

   C.September/October

   (ii)    For fourteen (14) days in the December/January school holidays for the:

   A.even numbered years, commencing on the first Sunday at 1pm after school semester ends to the third Sunday at 1pm of those school holidays;

   B.odd numbered years, for 14 days in the last two (2) weeks of those school holidays commencing on the third last Sunday at 1pm to Sunday at 1pm prior to school recommencing.

3. That upon the child turning 8 years of age, the time the child is to spend with the father pursuant to order 29(b)(ii) above, will increase to 21 days in the December/January school holiday period, in all:

   (a)even numbered years, commencing on the first Sunday at 1pm after school semester ends to the fourth Sunday at 1pm of those school holidays;

   (b)odd numbered years, for 21 days in the last three (3) weeks of those school holidays ending on the last Sunday of the holidays at 1pm.

4. The child is to spend time with the father on Father's Day, if the child is not already in the father's care, from 9.30am until 2pm.

5. The child is to spend time with the father on the child’s birthday from 3pm until 6:30pm.

6. That in the event the child is not in the mother's care on the child's birthday, or on the mother's birthday and the child is in SA, then he will be returned to the mother between 3pm and 6:30pm.

7. That in the event the child is not in the mother's care on Mother's Day and the child is in SA, then he will be returned to the mother between 9.30am and 2pm.

Changeover

1. That for the purpose of the child spending time with the father in accordance with the above orders (being orders if the father lives within 100 kilometres of the mother’s South Australian Residence), the exchange point is to be the child’s school or the closest McDonalds Restaurant to the mother's residence.

Air travel arrangements

1. That in relation to any air travel arrangements herein, the parent who is booking and paying for the air travel is to provide a flight/travel itinerary to the other parent within seven (7) days of the travel date.

2. That from the date of the child turns 5 years of age, the parties do all things necessary to facilitate the child’s travel as an unaccompanied minor with the airline/s that the parent who is booking and paying for the travel intends to book the travel with.

FaceTime/Skype

1. That during times the child is in the father’s care in the NT the child is to communicate with the mother by FaceTime each:

   (a)Wednesday and Sunday night between 6pm and 6:30pm

   (b)Mother’s Day between 8am and 8:30am;

   (c)The mother’s birthday between 8am and 8:30am;

   (d)The child’s birthday between 8am and 8:30am;

   (e)Christmas Day between 8am and 8:30am

2. A reciprocal arrangement as stated in the preceding paragraph will occur for the child’s FaceTime/Skype communication with the father when the child is in the mother’s care.

IT IS NOTED that publication of this judgment under the pseudonym Harmon & Kardos is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT ADELAIDE

ADC 4983 of 2017

MS HARMON

Applicant

And

MR KARDOS

Respondent

REASONS FOR JUDGMENT

Ex-Tempore

1. These reasons for judgment were delivered orally. They have been corrected from the transcript. Grammatical errors have been corrected and an attempt has been made to render the orally delivered reasons amenable to being read.

2. This is a parenting matter about [X] who is two years and four months old.  The applicant mother wishes to relocate the residence of the child from Darwin, where she is living pursuant to interim orders made in December 2017 and February 2018, to South Australia, more particularly to the Town A area. 

3. The father opposes that and seeks a variety of other orders.  According to his outline of case, he seeks orders, and I summarise, that the child live with the mother, that the child spend time with the father from Thursday to Sunday in alternate weeks, block time during the school holidays and, once the child reaches school age, week about time. It is not explicit but it is implicit in the outline of case that the mother not be permitted to relocate. 

4. At trial the father put forward, some further proposals which were called alternative proposals in the aide memoire that I was given and those were that, if the mother is permitted to relocate, the child live with the mother, the child not relocate before 7 August 2019, that is, when the child turns three, that until the child turns three that the child spend Friday through Tuesday with the father in alternate weeks, that is, four nights a fortnight, and after any relocation that the child spend seven nights a month in a block with the father and, further, once the child begins school that the child spend half the holidays with the father.  If the father relocates, that is, presumably to South Australia, he seeks a week about arrangement and for the child to spend half the holidays with him. 

5. Those were, in broad terms, the competing proposals at trial.  In the event that the father relocated to South Australia, assuming the mother was permitted to relocate, the mother sought, in substance, a continuation of the existing arrangements for the child to spend substantial and significant time with the father but with some increase in time as the child grew older.

6. By way of background, the applicant mother is 24 years old, the respondent father is 38 years old.  The parties met when the applicant began working as a tradesperson at the Employer.  This is about 200 kilometres south of Darwin.  The respondent was employed on a nearby farm at Town B which, I understand from the affidavit material, was about 32 kilometres away from where the mother was working and living.  The respondent describes himself in his affidavit material as a tradesperson.  Before that he was a tradesperson and before that he worked as a tradesperson. 

7. The parties began to live together in 2015.  [X] was born in …2016.  The parties separated in 2017.  In November 2017 the mother unilaterally relocated with [X] to South Australia where her family live.  In December 2017 there was an interim order that the mother return the residence of the child to within three hours driving time of Town C.  In February 2018 there were consent orders that the parties have equal shared parental responsibility.  In March 2018 there were consent orders that the child spend alternate weekends from Friday to Sunday with the father. 

8. The reality has been that as a result of those consent orders, the mother and child have been living in Darwin and continued to live there at the time of trial.  The issues at trial were as follows.  The mother seeks to relocate to South Australia.  The primary ground she advanced was that she was very unhappy in Darwin and was socially isolated, anxious and depressed.  The father’s position was that the child live with the mother in Darwin. 

1. At trial, as I have mentioned, the father put forward further proposals if the mother were to relocate. First, that she not be permitted to relocate before the child turns three in August 2019 but, if the father relocates, that there would be an equal time arrangement. 

2. The mother relied on evidence from, among others, Ms G, a psychologist.  Ms G was cross-examined.  I have no doubt that Ms G was aligned with the mother to some degree but I consider, nevertheless, that she was a reliable witness.  She did not offer a diagnosis in terms of a frank disorder but she indicated that the mother had been treated by her and said that the mother had suffered from anxiety and depression in response to the circumstances of being required to remain living in Darwin pursuant to the orders of this Court.  Ms G said that the mother had recovered to some extent in recent times but she, Ms G, said that the mother’s “…gains are, as yet, fragile”.

3. The family report writer expressed similar concerns about the mother.  At the time of the preparation of the family report, the father’s proposal was that the mother return to Town C or Town D, which is a small town between Town C and Darwin.  The family report writer was of the view that these options would be likely to result in the mother’s mental health being “…seriously compromised”.

4. The family report writer also considered the mother continuing to live in Darwin and concluded that the mother would be:

   …at a far greater social and financial disadvantage than if she were to reside in South Australia, supported by her family and lifelong friends.

5. It was the family report writer’s view that it would be in the child’s interests if the mother were to live in Town A in South Australia with or near her family, with their emotional and financial support.  In his evidence, the father also admitted to concerns about the mother’s mental health if she were compelled to reside in Darwin and the effect on her parenting capacity. 

6. Something should be said briefly about Town C.  There was no detailed evidence about that area in the trial affidavits but it appeared to be agreed that it is a rural area, there are few people living there and few employment and social opportunities. The mother’s only link to that area was her employment and her relationship with the father.  In my view, the mother could not reasonably be expected to continue living in Town C and I am satisfied that her mental health would be at risk if that was required.  Town D is a small town and somewhat closer to Darwin but it is still, as I have mentioned, a small place and relatively isolated.  In my view, similar comments can be made about Town D as about Town C.

7. The mother has been living in Darwin since the consent orders compelled her to live within three hours’ driving time of Town C.  The mother has no links to Darwin, no family, no history of employment, no social history and no long term friends in Darwin.  I accept that she is very unhappy there.  I accept that if she were compelled to remain living in Darwin with the child, that there is a risk that her mental health will be compromised.

8. I should also say something about allegations raised by the mother about controlling behaviour of the father.  The mother was credible in relation to these claims.  The father was firm in his denials.  In the circumstances, I do not feel I can make a finding about those allegations.  In any event, even if those allegations were true, I am satisfied that the alleged behaviour is unlikely to be repeated.  The father similarly made allegations that the mother was acting vindictively at various times and stopped the child’s FaceTime communication with the father at one point as a result of umbrage, annoyance or anger at the orders of the Court requiring her to live in Darwin.

9. The mother’s response to that was that she admitted ceasing the child’s FaceTime communication with the father but said that it was because the experience was upsetting the child.  It’s now agreed that the FaceTime has been resumed and, again, I don’t feel able to make a finding about what motivated the cessation of time.  There is clear evidence that the child has a close relationship with this father.  That evidence was not challenged.  It was not challenged that the father sought to be involved in the child’s life.

10. Neither party suggested that subsection 60CC(2)(b) was relevant to the case.  The best interests of the child are thus to be determined by reference to subsection 60CC(2)(a), that is, the primary consideration in determining the best interests of the child is:

    …the benefit to the child of having a meaningful relationship with both of the child’s parents.

11. The additional considerations in subsection (3) must also be taken into account.  In relation to those further factors, the only matter on which a specific submission was made was in relation to the change in circumstances if the mother moved to South Australia.  Mr Shoebridge, as counsel for the mother, acknowledged that if the child was not available to spend time with the father in Darwin under the present arrangements that would have a significant impact.  He said, however, that that factor would need to be balanced against relocation to South Australia which would remove a risk to the mother’s mental health as primary carer for the child.  I accept that submission.  What also should be said is that the child is at a developmentally sensitive age when his attachments are being formed. 

12. I accept that the child’s right to a meaningful relationship with both parents is to some degree put at risk if the mother’s relocation means that the child’s continuing regular frequent time with the father is put at risk because, of course, it is in spending time with a parent that attachment is formed, that is, psychological attachment.  That is always an important consideration in relocation cases involving young children – very often the overwhelming consideration.  In this case the child has a strong relationship with the father but I acknowledge that, given the child’s age, that relationship and attachment is still likely to be developing. 

13. If the father and the mother live in different states, in this case some 3,000 kilometres apart, then the child spending time with the father will involve the expense of air travel and, broadly speaking, I consider that there is a risk that that may lead to a deleterious effect on the child’s relationship with the father.  In other words, I have little doubt that it is in the child’s best interest that both parents have a close involvement in his life and at this stage that means the child living with the mother and spending regular and frequent time with the father.  That can be achieved by the mother remaining in Darwin or the father relocating to South Australia, in particular, some place close to Town A. 

14. I have said something about the risk to the mother’s mental health and parental capacity or parenting capacity if she remains in Darwin.  The father gave little evidence about his willingness to move to South Australia.  He said he would consider the matter if orders were made permitting relocation.  He said he would see if he “could live with it”.  Pressed in cross-examination, he said that, while he would be prepared to move to Darwin when the child turned five to participate in the child’s schooling, he didn’t know if he would move to South Australia.  He said the difference was that he owned property at Town E, which is a location near Darwin.  The nature of that property was not in evidence but it was suggested in cross-examination that it was a holiday or fishing shack.  The other fact that he mentioned were his friends and his unwillingness to be parted from them. 

15. The father, therefore, did not point to any factor other than preference to prevent him moving to South Australia.  In my view, that is a very significant factor in a relocation case.  I am satisfied that there is no real obstacle to the father moving to South Australia.  He gave no evidence about employment opportunities or lack thereof in the Town A region and I am not satisfied that the lack of employment is an obstacle to the father’s relocation. 

16. The parties have agreed on equal-shared parental responsibility. I am thus required to consider pursuant to section 65DAA equal time or substantial and significant time, that is, the child spending equal time with each parent or substantial and significant time with the father in this case. Subsection 65DAA(1)(a) requires consideration of whether, in relation to equal time, equal time is in the child’s best interests, (b) whether it is reasonably practical and, (c), if so, consider an order that the child spend equal time with each parent. A similar calculation under subsection 65DAA(2) is required in the case of substantial and significant time.

17. Turning to the subsection 65DAA(1), if the mother and child continue to live in Darwin, I am not satisfied that equal time is in the best interests of the child or that it is reasonably practicable.  Equal time requires parents to live in close proximity.  The father did not indicate any intention to move to Darwin until the child turns five, that is, on commencing school.  It is, I am satisfied, not practicable now, while the father continues to live some 200 kilometres away.  Further and most importantly, I am satisfied that the mother’s current or continuing residence in Darwin poses a risk to her mental health.  So on that basis the equal-time arrangement is not practical.  I have already mentioned the father’s capacity to move to South Australia.  As mentioned, there is no real evidence about that, and he did not indicate any present willingness to move to South Australia. 

18. I should consider the situation if the father does relocate.  The child is, as I have mentioned, two years and four months old.  Having regard to the child’s age, a problematic history of communication and the recommendations of the family consultant to the contrary, I am not satisfied that equal time is in the best interests of the child at this stage, assuming the father moves to Town A or nearby. 

19. I should say something more about the father’s willingness or otherwise to relocate.  As I have mentioned, there was no concrete evidence that the father has any plans to relocate.  At most he said he would consider it.  He does, however, say that, if he decides to relocate he seeks equal time.  For the reasons I have given, that is, the child’s young age, a problematic history of communication and the recommendation of the family consultant against it or at least not supporting equal time, I am not satisfied that that is appropriate. 

20. It was suggested to the family consultant that once the child reaches school age it would be appropriate to make an order, assuming the father moved to Town A, that there be equal time.  The family consultant was unwilling to speculate about whether the relationship between the parents, their ability to communicate and the other matters in subsection 65DAA(5) would indicate that an equal-time arrangement was practical.  In other words, she refused to speculate.  I am satisfied that her refusal was appropriate in the circumstances. 

21. It appears to involve a great deal of speculation to attempt to address the criteria in subsection 65DAA(5) about the practicality of any future arrangement.  For example, there is no evidence about where the father might live, even assuming he moved to South Australia and lived at least in the region of Town A.  There was no real evidence about future capacity to implement such an arrangement and, as I have said, there are serious issues about the parties’ ability to communicate at this stage.  I am satisfied that their capacity to communicate at this stage is limited.  The other factor is that to speculate about the effect of an equal-shared-care arrangement in, say, three years’ time (the child is now two years and four months old) when the child is five and a half years old is in my view no more than speculative and I am not prepared to speculate in that way. I am not satisfied that it is practical that there be an equal-time arrangement should the father move to South Australia. 

22. The mother’s proposal is as follows.  If she is permitted to relocate and if the father remains in the Northern Territory or further than 100 kilometres away then the child spend two nights a month with the father. She suggested a travel regime which would involve both parents sharing equally in the cost of travel and [X] being flown to Darwin by the mother and then flown back to Adelaide by the father.  She suggested that would be two nights a month.  In cross-examination she appeared to concede that three nights would be appropriate. 

23. It was put to the mother that she had agreed to up to seven nights of block time earlier this year which, as I understood it, was agreed.  I am not satisfied that with such a young child and at such a distance seven nights’ block time is appropriate now under that arrangement but I certainly consider that three nights would be appropriate.  I also think that time should be increased to four nights when the child turns three, in August 2019, and I think it ought to be or it could be safely increased to seven nights when the child turns four, in August 2020.  

24. If the father decides to move to within a hundred kilometres of Town A, I consider that an appropriate order is as set out in the mother’s case outline with slight variation.  She proposes that prior to the child commencing primary school that the child should spend each alternate weekend, from Friday to Sunday, with the father.  That is two nights.  Again she appeared to concede that three nights was appropriate and I think that an order for three nights is appropriate rather than two nights  in that event. 

25. In relation to school holidays, even though the child is not at school, the mother proposed that the child spend time with the father over Easter, from Friday to the following Monday and I consider that appropriate, and then for the December-January holidays for one week, and I agree that that is appropriate.  Once the child commences school she proposes that the child spend each alternate weekend with the father, so that would be from after school, Friday, to before school, Monday.  That is three nights in a fortnight and, in addition, during school holidays, one week of each of the holidays, the April-May, July and September-October holidays, and for two weeks in the December-January school holidays.  I consider that to be an appropriate order but I think the period should be extended to three weeks when the child turns eight. 

26. There are various other orders for special days and FaceTime and Skype communication which I consider to be appropriate orders and I will make the orders largely as set out in the mother’s outline of case including the travel arrangements subject to these comments. 

I certify that the preceding thirty-four (34) paragraphs are a true copy of the reasons for judgment of Judge Young

Date: 8 January 2019