FAMILY COURT OF AUSTRALIA
| JUDD & PRYOR (NO. 2) | [2020] FamCA 934 |
| FAMILY LAW – CHILDREN – Rice & Asplund threshold dispute – Where final parenting orders were made in September 2016 – Where the orders expressly provided for the child to spend no time at all with the father – Where the father’s application to commence fresh proceedings in 2018 was dismissed – Where the father again seeks to re-contest the final parenting orders on the basis of changed circumstances – Where the mother sought immediate dismissal of the proceedings – Where the child is 15 years of age – Where no evidence the child has voluntarily tried to re-establish contact with the father over the past five years – Where the evidence adduced by the father tends to demonstrate the correctness of previous findings and the absence of any change in circumstances – Where there is no evidentiary basis to conclude the parenting dispute over the child should be reopened – Ordered the father’s application be dismissed |
| Family Law Act 1975 (Cth) Pt VII, ss 45A, 65D |
| Judd & Pryor [2020] FamCA 782 Langmeil & Grange [2013] FamCAFC 31 Marsden v Winch (2009) 42 Fam LR 1 Miller & Harrington (2008) FLC 93-383 Poisat & Poisat (2014) FLC 93-597 Pryor & Judd [2016] FamCA 820 Rice & Asplund (1979) FLC 90-725 Searson & Searson (2017) FLC 93-788 Spencer & Commonwealth of Australia (2010) 241 CLR 118 SPS & PLS (2008) FLC 93-363 |
| APPLICANT: | Mr Judd |
| RESPONDENT: | Ms Pryor |
| FILE NUMBER: | NCC | 3004 | of | 2014 |
| DATE DELIVERED: | 26 October 2020 |
| PLACE DELIVERED: | Newcastle |
| PLACE HEARD: | Newcastle |
| JUDGMENT OF: | Austin J |
| HEARING DATE: | 26 October 2020 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Not Applicable |
| SOLICITOR FOR THE APPLICANT: | Not Applicable |
| COUNSEL FOR THE RESPONDENT: | Not Applicable |
| SOLICITOR FOR THE RESPONDENT: | Not Applicable |
Orders
The Initiating Application filed on 6 April 2020 is dismissed.
The Amended Response filed on 26 July 2020 is dismissed.
No order as to costs.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Judd & Pryor has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
| FAMILY COURT OF AUSTRALIA AT NEWCASTLE |
FILE NUMBER: NCC 3004 of 2014
| Mr Judd |
Applicant
And
| Ms Pryor |
Respondent
EX TEMPORE REASONS FOR JUDGMENT
Introduction
In September 2016, Cleary J made final parenting orders between the applicant father and the respondent mother under Part VII of the Family Law Act 1975 (Cth) (“the Act”) in respect of their only child; a son who is now aged 15 years (Pryor &…
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- AGLC
- Judd & Pryor (No.2) [2020] FamCA 934
- Case
- [2020] FamCA 934
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the father had demonstrated a material change in circumstances sufficient to justify a revision of the existing final parenting orders, applying the principles established in *Rice & Asplund*. This required the court to consider the past circumstances, including the reasons for the original decision and the evidence upon which it was based, the likelihood of the orders being varied significantly, and whether the need for variation outweighed the detriment to the child of fresh litigation.
Austin J reasoned that the evidence adduced by the father tended to confirm the correctness of the previous findings and demonstrated an absence of any change in circumstances. The father's continued disrespectful attitude towards the mother and his admission of being a "hothead and opinionated" indicated that assertive aggression remained a feature of his character. Furthermore, the child, now 15, had not voluntarily sought contact with the father since the 2016 orders, which were intended to remain in effect until the end of his minority.
Consequently, the court found no evidentiary basis to conclude that the parenting dispute should be reopened. The father's Initiating Application and the mother's Amended Response were dismissed, with no order as to costs.
Orders
Orders of the court
1.
The Initiating Application filed on 6 April 2020 is dismissed.
2.
The Amended Response filed on 26 July 2020 is dismissed.
3.
No order as to costs.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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