K and S

[2007] FMCAfam 1085

FEDERAL MAGISTRATES COURT OF AUSTRALIA

K & S [2007] FMCAfam 1085

FAMILY LAW – Parenting orders – previous orders between same parties – Rice and Asplund rule – whether material change in circumstances warranting variation of previous orders – whether allegations of physical harm, errors by counsel and increase in costs of travel, fuel, vehicle repairs or generally constitute a material change in circumstances.

Family Law Amendment (Shared Parental Responsibility)Act 2006 (Cth), Schedule 1, part 2, clause 44

Burton and Burton (1979) FLC 90-622

D & M [2005] FMCAfam 89

F and N (1987) FLC 91-813
Freeman and Freeman (1986) 11 Fam LR 293
Houston and Sedorkin (1979) FLC 90-699

In the Marriage of Paskandy (2005) 33 Fam LR 509; [2005] FamCA 755
In the Marriage of Rice and Asplund (1978) 6 Fam LR 570; (1979) FLC 90-725

McEnearney and McEnearney (1980) FLC 90-866
McL and McL (1991) 15 Fam LR 1
SPS & PLS [2007] FMCAfam 907
SRK & CLP [2007] FMCAfam 961

Applicant: T M A K

Respondent: L J S

File number: SYC 4809 of 2007

Judgment of: Lucev FM

Hearing date: 26 November 2007

Date of last submission: 26 November 2007

Delivered at: Sydney

Delivered on: 30 November 2007

REPRESENTATION

Counsel for the Applicant: Mr K in person

Counsel for the Respondent: Ms Kinghan

Solicitors for the Respondent: Kinghan & Associates

ORDERS

1. The application filed 22 August 2007 is dismissed. 

2. The Respondent file written submissions in relation to costs within fourteen days. 

3. The Applicant file written submissions in relation to costs within twenty one days.

4. If any submissions in relation to costs are filed in accordance with Orders 3 and 4 above, judgment in relation to costs will be given at 10am on 4 February 2008 at P, with leave granted for the parties to appear by telephone.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYC 4809 of 2007

T M A K

Applicant

And

L J S

Respondent

REASONS FOR JUDGMENT

(Revised from the transcript)

1. On 22 June 2006, the Court made parenting orders concerning the parties to this application, T K,[1] L J S,[2] and N R K,[3] born 2000. Orders were made by consent.  On 14 March 2007 the Court made further orders by consent. 

   [1] “Father”.

   [2] “Mother.

   [3] “Child”.

2. The orders of 22 June 2006 dealt with:

   a)with whom the Child should live, namely the Mother;

   b)time spent with the Father, in essence, allowing for each alternate weekend, half the school holiday periods and other times as agreed;

   c)the Father collecting the Child from school for time spent; and

   d)orders with respect to:

   i)changeover;

   ii)telephone and mail communication;

   iii)school and medical consents and authorities;

   iv)the provision of information concerning addresses, phone numbers and email addresses and any illness of the Child; and

   v)non‑denigration.

3. Both parties were represented at the time the orders were made, and the orders were signed, relevantly, by both the Father and his solicitor.

4. The orders of 14 March 2007 dealt with:

   a)specific adjustment of…