FEDERAL CIRCUIT COURT OF AUSTRALIA
| HOFFMAN & IVERSON | [2015] FCCA 961 |
| Catchwords: FAMILY LAW – Parenting – Mother’s application to relocate to (country omitted) with parties’ 8 year old son. |
| Legislation: Family Law Act 1975 (Cth), ss.60B, 60CA, 60CC(2) and (3), 61DA, 65DAA, 69ZW |
| AMS v AIF (1999) 199 CLR 160 MRR v GR [2010] HCA 4 |
| Applicant: | MS HOFFMAN |
| Respondent: | MR IVERSON |
| File Number: | MLC 308 of 2010 |
| Judgment of: | Judge Bender |
| Hearing dates: | 30 March 2015, 31 March 2015, 1 April 2015 |
| Date of Last Submission: | 1 April 2015 |
| Delivered at: | Melbourne |
| Delivered on: | 17 April 2015 |
REPRESENTATION
| Counsel for the Applicant: | Mr Lovering |
| Solicitors for the Applicant: | Hartleys Lawyers |
| Counsel for the Respondent: | Mr Moore |
| Solicitors for the Respondent: | VM Roccisano |
| Counsel for the Independent Children's Lawyer: | Ms Stavrakakis |
| Solicitors for the Independent Children's Lawyer: | Lampe Family Law |
ORDERS
All previous parenting Orders be discharged.
The Airport Watchlist order made on 17 January 2010 shall be discharged and the Court requests that the Australian Federal Police remove the name of X (‘X’) born (omitted) 2007 from the Airport Watchlist at all points of international arrivals and departures in Australia.
The Mother have sole parental responsibility for X.
X live with the Mother.
The Mother be permitted to relocate with X to (country omitted) as from 30 June 2015.
The Mother provide to the Father all contact details in (country omitted) no less than 14 days prior to the relocation, including her address, contact telephone number and email address.
X be enrolled in (omitted) School to commence in September 2015.
The Father sign all necessary documents to enable X to be enrolled in (omitted) School.
Pending X’s relocation to (country omitted) X spend time with the Father as follows:
(a)
from 10:00am Saturday 18 April 2015 to 5:00pm Sunday
19 April 2015;
(b)
from after school Friday to 5:00pm Sunday commencing
1 May 2015 and each alternate weekend thereafter;
(c)each alternate Wednesday from after school or 3:30pm if not a school day to 7:00pm commencing 22 April 2015;
(d)as otherwise agreed between the parties in writing.
Upon relocation, X spend time with and communicate with the Father as follows:
(a)for half of the (country omitted) long summer vacation each year, with such time to take place in (country omitted) in 2016 and each alternate year thereafter and in Australia in 2017 and each alternate year thereafter;
(b)upon the Father giving to the Mother 28 days written notice of his intention to do so, for half of the (country omitted) school term holidays by agreement, such time to take place in (country omitted);
(c)by Skype/Facetime twice weekly at such times as agreed between the parties and, failing agreement, each Wednesday and Sunday;
(d)by telephone at all reasonable times; and
(e)as otherwise agreed between…
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- AGLC
- Hoffman and Iverson [2015] FCCA 961
- Case
- [2015] FCCA 961
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining the appropriate parenting orders, including whether the mother should have sole parental responsibility, where X should live, and whether the mother should be permitted to relocate with X to another country. Additionally, the court needed to establish the specific arrangements for X to spend time with and communicate with the father, both before and after any potential relocation, and to address the father's ongoing involvement in X's education and medical care.
In reaching its decision, the court discharged all previous parenting orders and the airport watchlist order concerning X. The court found it to be in X's best interests for the mother to have sole parental responsibility and for X to live with the mother. Crucially, the court permitted the mother to relocate with X to a specified country from a particular date, subject to her providing the father with her contact details in that country. The court then detailed extensive provisions for X to spend time with the father, both before relocation and through a structured schedule of holidays and communication methods post-relocation, including provisions for travel costs. The court also made orders facilitating the father's access to information regarding X's schooling and medical care, and imposed restraints on both parents regarding denigration, discussion of disputes with X, and involving X in their conflict.
Orders
Orders of the court
1.
All previous parenting Orders be discharged.
2.
The Airport Watchlist order made on 17 January 2010 shall be discharged and the Court requests that the Australian Federal Police remove the name of X (‘X’) born (omitted) 2007 from the Airport Watchlist at all points of international arrivals and departures in Australia.
3.
The Mother have sole parental responsibility for X.
4.
X live with the Mother.
5.
The Mother be permitted to relocate with X to (country omitted) as from 30 June 2015.
6.
The Mother provide to the Father all contact details in (country omitted) no less than 14 days prior to the relocation, including her address, contact telephone number and email address.
7.
X be enrolled in (omitted) School to commence in September 2015.
8.
The Father sign all necessary documents to enable X to be enrolled in (omitted) School.
9.
Pending X’s relocation to (country omitted) X spend time with the Father as follows:
(a)
from 10:00am Saturday 18 April 2015 to 5:00pm Sunday
19 April 2015;
(b)
from after school Friday to 5:00pm Sunday commencing
1 May 2015 and each alternate weekend thereafter;
(c) each alternate Wednesday from after school or 3:30pm if not a school day to 7:00pm commencing 22 April 2015;
(d) as otherwise agreed between the parties in writing.
10.
Upon relocation, X spend time with and communicate with the Father as follows:
(a) for half of the (country omitted) long summer vacation each year, with such time to take place in (country omitted) in 2016 and each alternate year thereafter and in Australia in 2017 and each alternate year thereafter;
(b) upon the Father giving to the Mother 28 days written notice of his intention to do so, for half of the (country omitted) school term holidays by agreement, such time to take place in (country omitted);
(c) by Skype/Facetime twice weekly at such times as agreed between the parties and, failing agreement, each Wednesday and Sunday;
(d) by telephone at all reasonable times; and
(e) as otherwise agreed between the parties in writing.
11.
The Mother and Father share X’s cost of travelling to Australia and otherwise be responsible for their own travel and accommodation costs and for the purposes of this order, the Father shall pay X’s air fare to travel to Australia and the Mother shall pay X’s air fare to return to (country omitted).
12.
X be reasonably permitted to contact either parent by telephone at his request.
13.
Both parties keep the other party advised of their current address, mobile telephone number and email address and both parties are to notify the other within 24 hours of any change.
14.
The Father be permitted to liaise with X’s school to obtain information about X’s progress and obtain from the school copies of X’s reports, newsletters, photograph order forms and all other documents ordinarily provided to parents (at the Father’s expense) and that these Orders shall act as an authority for same.
15.
The Father be permitted to liaise with X’s medical practitioners to obtain information about X’s medical care and to obtain copies of any relevant documents (at the Father’s expense) and that these Orders shall act as an authority for same.
16.
The Mother advise the Father of the name and contact details of X’s medical practitioners and inform the Father of any changes to same.
17.
Both parties notify each other forthwith within 24 hours of any serious illness or injury to X, and immediately in the case of any hospitalisation of X.
18.
Both parties be restrained from:
(a) denigrating the other or the other’s family in the presence or hearing of X, or bringing X into contact with another person who is;
(b) discussing parenting disputes and/or issues with or in the presence of X;
(c) passing messages through X; and
(d) involving X in any form of dispute between the parties or otherwise.
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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