Kardos & Harmon

This matter came before McClelland DCJ concerning orders made by the Federal Circuit Court of Australia on 5 December 2018, which governed the time a child spent with their father. The dispute involved the practical arrangements for the child's time with the father, particularly in light of potential travel concerns and the father's residence in the Northern Territory, which is more than 100 kilometres from the mother's South Australian residence.

The court was required to determine how the child would spend time with and communicate with the father, considering the child's age and the geographical distance between the parents. Specifically, the court needed to address the terms of the existing orders regarding the father's time with the child, including the timing and location of that time, and the responsibilities of each parent in facilitating this contact. The court also had to consider provisions for make-up time should the father be unable to exercise his time as ordered, and the circumstances under which the parties might seek further orders regarding travel safety.

McClelland DCJ ordered a suspension and replacement of certain provisions of the December 2018 orders for a period of six months. The revised orders stipulated that upon the child turning three years of age, and if the father resided in the Northern Territory or more than 100 kilometres from the mother's South Australian residence, the child would spend time with and communicate with the father as agreed in writing, or failing agreement, during specific periods at the end of each month and for Christmas 2019, with such time to be spent in Adelaide. The mother was to facilitate the child's travel to and from the father's Adelaide accommodation and share the cost of the father's flights between Brisbane and Adelaide. Provisions were also made for make-up time in Adelaide if the father was unable to exercise his ordered time, and liberty to apply for further orders was granted if safety concerns regarding air travel were alleviated. The court also set a timetable for submissions concerning costs in contravention proceedings.