FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Hoffman & Hoffman [2023] FedCFamC2F 979
File number(s): MLC 2840 of 2021 Judgment of: JUDGE KEARNEY Date of judgment: 9 August 2023 Catchwords: FAMILY LAW – parenting – where one parent unilaterally relocated interstate with two pre-school children two years ago – consistent road blocks from intense parental conflict - demonstrated inability to promote a meaningful relationship with the other parent in the interim – repeated unilateral acts of non-compliance with interim Orders – parenting capacity impaired in prioritising children’s emotional needs - change of residence – children to return to live with father – regularised time with mother if remains interstate – best interests of children Legislation: Family Law Act 1975 (Cth) Cases cited: Berys & Berys [2022] FedCFamC2F 1162
Bielen & Kozma [2022] FedCFamC1A 221
Blinko & Blinko [2015] FamCAFC 146
Eastley & Eastley [2022] FedCFamC1F 101
Fairfield & Hoffman [2021] FamCAFC 151; (2021) FLC 94-045
Godfrey & Sanders [2007] FamCA 102
Hepburn & Noble [2010] FamCAFC 111
Isles & Nelissen [2022] FedCFamC1A 97
Koen & Biondi [2023] FedCFamC1A 89
Masson v Parsons [2019] HCA 21; (2019) 266 CLR 554
Mazorski & Albright [2007] FamCA 520
MRR v GRR (2010) 240 CLR 461
Napier & Hepburn [2006] FamCA 1316
Russell & Close [1993] FamCA 62
Sayer & Radcliffe (2012) 48 Fam LR 298
Starr & Duggan [2009] FamCAFC 115
Sweet & Sweet [2022] FedCFamC2F 676
Division: Division 2 Family Law Number of paragraphs: 179 Date of hearing: 17-19 July 2023 Place: Heard in Forster; delivered in Newcastle Counsel for the Applicant: Ms Van Oosterom Solicitor for the Applicant: Pearce Webster Dugdales Counsel for the Respondent: Ms Court Solicitor for the Respondent: Greg Tyler & Associates Solicitor for the Independent Children's Lawyer: Ms McGregor (Solicitor Advocate) McGregor Family Law ORDERS
MLC 2840 of 2021 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR HOFFMAN
Applicant
AND: MS HOFFMAN
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE KEARNEY
DATE OF ORDER:
9 AUGUST 2023
Order amended on 10 August 2023 pursuant to sub-rule 10.13(1)(e) of the Federal Circuit and Family Court of Australia (Family Law) Rules (2021)
THE COURT ORDERS THAT:
All previous parenting orders are discharged.
Parental Responsibility
The applicant, Mr Hoffman (‘the father’) shall have sole parental responsibility for X born in 2016 and Y born in 2018 (‘the children’) PROVIDED THAT:
(a)the father shall notify the respondent, Ms Hoffman (‘the mother’), in writing of any major long-term decisions for the children at least 14 days’ prior to the decision being made;
(b)the mother will be at liberty to give feedback to the father in writing about the proposed decision; provided such feedback is received at least seven (7) days before the decision is to be made; and
(c)the father will inform the mother in writing of the decision made as soon as practicable afterwards.
Lives with the father
The…
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