HEATON & HEATON (STAY APPLICATION)

[2014] FamCA 840

FAMILY COURT OF AUSTRALIA

HEATON & HEATON (STAY APPLICATION) [2014] FamCA 840

FAMILY LAW – CHILDREN – Stay application – relocation of the mother – where children’s care arrangements went from equal shared time arrangement to a live with and spend time with arrangement – where it was found that the previous orders were unsatisfactory for the children – where appeal is not expected to be heard for eighteen months – not a full analysis of the grounds of appeal, only a judicial impression – best interests of the children

Aldridge & Keaton [2009] FamCAFC 106 Bryant v Commonwealth Bank of Australia (1996) 134 ALR 460 Cape & Cape [2013] FamCAFC 114 Clemett & Clemett (1981) FLC 91-013 CSN & JBN (1998) FamCA 176 Sheldon & Weir [2011] FamCA 2 Trahn & Long (No. 2) [2008] FamCAFC 194
APPLICANT:	Mr Heaton

RESPONDENT: Ms Brown (formerly Heaton)

FILE NUMBER: NCC 1835 of 2010

DATE DELIVERED: 1 October 2014

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Hannam J

HEARING DATE: 30 September 2014

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Mr Dunn, Watts McCray Lawyers

COUNSEL FOR THE RESPONDENT:

Mr Cummings SC

Mr Graham

SOLICITOR FOR THE RESPONDENT: Tony & Cox Lawyers

Orders

1. The Application in a case filed on 15 September 2014 seeking a stay of the Orders made on 5 September 2014 is dismissed.

2. The mother’s application for costs in this stay application is reserved to a date to be fixed.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Heaton & Heaton (stay application) has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT PARRAMATTA

FILE NUMBER: NCC 1835  of 2010

Mr Heaton

Applicant

And

Ms Brown (formerly Heaton)

Respondent

REASONS FOR JUDGMENT

Introduction

1. In an Application in a Case filed on 15 September 2014, the father, Mr Heaton seeks that certain orders made on 5 September 2014 relating to the parties’ two children, be stayed pending the hearing of an appeal. The orders sought to be stayed discharge all previous parenting orders and provide for the children to live with the mother and to spend time with the father.

2. These orders brought about a significant change in the living arrangements of the parties’ children, E who is 10, and J who is 9. Prior to the 5 September orders the children had been living in a “week about” arrangement in Sydney for a number of years. Under the 5 September Orders the children live with the mother in Town P on the Mid North Coast of NSW and spend substantial and significant time with their father in Sydney and Town P.

3. Immediately following the delivery of the judgment, the orders were implemented. The children’s school in Sydney was notified that the children would be commencing at a new school in Town P at the start of term 4, arrangements were made for the children to be enrolled in a new school…