FAMILY COURT OF AUSTRALIA
| KARLE & PELUSO | [2020] FamCA 633 |
| FAMILY LAW – PARENTING – Where the mother opposes the children spending overnight time in the presence of the father’s flatmates – Where there is no risk enunciated to the children being in the presence of the flatmates – Orders allowing overnight time – Orders for the father to have graduating time with the children during holidays – Ancillary orders made. |
| Child Support (Assessment) Act 1989 (Cth) s 106B. Family Law Act 1975 (Cth) ss 68B, 4 Family Law Rules 2004 r 1.14 |
| APPLICANT: | Mr Karle |
| RESPONDENT: | Ms Peluso |
| INDEPENDENT CHILDREN’S LAWYER: | Ark Law Lawyers |
| FILE NUMBER: | SYC | 1386 | of | 2015 |
| DATE DELIVERED: | 4 August 2020 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Rees J |
| HEARING DATE: | 22 July 2020 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Murray |
| SOLICITOR FOR THE APPLICANT: | M J Woods & Co |
| COUNSEL FOR THE RESPONDENT: | Mr Greenaway |
| SOLICITOR FOR THE RESPONDENT: | Legal Aid NSW |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: | Mr Sperling |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Ark Law Lawyers |
Orders
IT IS DECLARED
That pursuant to section 106A of the Child Support (Assessment) Act1989 (Cth), Mr Karle should be assessed in relation to the costs of the child Y Peluso, born on ... 2016
IT IS ORDERED
That pursuant to rule 1.14 of the Family Law Rules 2004 the time for filing of an application under section 106A of the Child Support Assessment Act1989 (Cth) be extended.
That the parents have equal shared parental responsibility for the children, X who was born on … 2014 and Y Peluso who was born on … 2016.
That the children live with the mother.
That during school terms the children spend time with the father each alternate weekend commencing on 8 August 2020, from 9am on Saturday until 6pm on Sunday.
That the children spend time with the father during school holidays as follows:
(a)In the first week of the September/October holidays in 2020 for two consecutive nights and unless otherwise agreed, by extending the father’s weekend time with the children to 6pm on Monday.
(b)In the second week of the September/October holidays in 2020 for three consecutive nights and unless otherwise agreed, by extending the father’s weekend time with the children to 6pm on Tuesday.
(c)In the school holidays at the end of Term 4 in 2020 for three separate periods each of four nights and in the absence of agreement by extending the father’s weekend time with the children to commence at 10am on Thursday and end at 6pm on Monday.
(d)Commencing in 2021, in the holidays after Terms 1, 2 and 3, for half of the holiday and, in the absence of agreement, the first half.
(e)Commencing in 2021, for half of the long Christmas holiday and, in the absence of agreement, for the second half in odd numbered years and the first half in even numbered years.
That for the purpose of these orders, the school…
Continue reading KARLE & PELUSO
Sign in free to access the full text
- AGLC
- KARLE & PELUSO [2020] FamCA 633
- Case
- [2020] FamCA 633
- Decision Date
CaseChat Overview and Summary
The court was required to determine the extent to which the father, Mr Karle, should be assessed for child support costs for child Y Peluso, and to grant an extension of time for the filing of the relevant application. Additionally, the court needed to establish orders for equal shared parental responsibility, the children's primary residence, and a detailed schedule for the children's time with the father, including during school terms and holidays. The court also addressed communication arrangements, parental involvement in school and extracurricular activities, and provisions for the exchange of information regarding the children's welfare.
Rees J declared that Mr Karle should be assessed for the costs of child Y Peluso pursuant to section 106A of the Child Support (Assessment) Act 1989 (Cth). The court ordered an extension of time for the filing of the application under that section. The orders established equal shared parental responsibility for both children, X and Y Peluso, with the children to live with the mother. A comprehensive schedule for the children's time with the father was set out, detailing weekend and school holiday arrangements, including specific provisions for Christmas and other public holidays. Further orders addressed communication between the children and the absent parent, parental attendance at events, the exchange of information about the children's health and schooling, and restrictions on certain behaviours, such as exposing children to sexually explicit material or making negative remarks about the other parent. The court also ordered that the children's surname be changed to Karle and that the mother hold X's passport.
Orders
Orders of the court
IT IS DECLARED
1.
That pursuant to section 106A of the Child Support (Assessment) Act 1989 (Cth), Mr Karle should be assessed in relation to the costs of the child Y Peluso, born on ... 2016
IT IS ORDERED
2.
That pursuant to rule 1.14 of the Family Law Rules 2004 the time for filing of an application under section 106A of the Child Support Assessment Act 1989 (Cth) be extended.
3.
That the parents have equal shared parental responsibility for the children, X who was born on … 2014 and Y Peluso who was born on … 2016.
4.
That the children live with the mother.
5.
That during school terms the children spend time with the father each alternate weekend commencing on 8 August 2020, from 9am on Saturday until 6pm on Sunday.
6.
That the children spend time with the father during school holidays as follows:
(a) In the first week of the September/October holidays in 2020 for two consecutive nights and unless otherwise agreed, by extending the father’s weekend time with the children to 6pm on Monday.
(b) In the second week of the September/October holidays in 2020 for three consecutive nights and unless otherwise agreed, by extending the father’s weekend time with the children to 6pm on Tuesday.
(c) In the school holidays at the end of Term 4 in 2020 for three separate periods each of four nights and in the absence of agreement by extending the father’s weekend time with the children to commence at 10am on Thursday and end at 6pm on Monday.
(d) Commencing in 2021, in the holidays after Terms 1, 2 and 3, for half of the holiday and, in the absence of agreement, the first half.
(e) Commencing in 2021, for half of the long Christmas holiday and, in the absence of agreement, for the second half in odd numbered years and the first half in even numbered years.
7.
That for the purpose of these orders, the school holiday commences at 9.30am on the day after the last day of the school term and ends at 6pm on the day before the first day of the following term.
8.
That where the children lived with the father for the first half of any school holiday period, the weekend time in Order 5 shall commence on the first weekend immediately following the beginning of the next school term.
9.
That notwithstanding any other order, in even numbered years, the children shall live with the mother from 5pm on Christmas Eve until 5pm on Christmas Day and with the father from 5pm on Christmas Day until 5pm on 26 December.
10.
That by 4pm on 24 November 2020 the father notify the mother in writing by email or text message whether he will spend time with the children in 2020 pursuant to Order 9.
11.
That notwithstanding any other order, in odd numbered years, the children shall live with the father from 5pm on Christmas Eve until 5pm on Christmas Day and with the mother from 5pm on Christmas Day until 5pm on 26 December.
12.
That the father shall not leave the children in the care of any of his flatmates or any guest of his flatmates.
13.
That the parents will both be entitled to attend all events involving the children including:
(a) Sporting fixtures.
(b) Extra curricular activities that allow for parental attendance.
(c) School functions and events that allow for parental attendance including but not limited to concerts, school assemblies, sports days, parent and teacher interviews, canteen duties and social functions.
and the parent who has the children in their care on the day of such activity will be responsible for their day to day care at such event and the children’s transportation to and from that event.
14.
That the children shall have the following communication with the parents:
(a) On Tuesday, Thursday and Saturday nights, the children shall have audio visual communication, through FaceTime, with the absent parent between 6.30pm and 7.00pm, with the father to initiate the call.
(b) For the purposes of either parent having communication with either parent, at the time the children are due to have the communication, both parents are to ensure their telephone is switched on and charged, and each parent shall ensure the other parent has the telephone number on which the children can be contacted.
(c) For the purpose of this order the “absent parent” is the parent who is not caring for the children on the relevant day.
15.
That unless otherwise agreed, for the purpose of facilitating the children’s time with the father in the orders above the mother will deliver the children to the father outside Woolworths near B Railway Station at the beginning of the children’s time with the father, and the father will deliver the children to the mother, the C Supermaket near D Railway Station at the end of the children’s time with the father.
16.
That the father shall ensure that the mother is kept informed of:
(a) Any medical problems or illnesses suffered by the child while in the father’s care.
(b) Any medication that has been prescribed for the child.
(c) Any social, school or religious functions which the child is to attend.
(d) Any other matter relevant to the child’s welfare.
17.
That the mother shall ensure that the father is kept informed of:
(a) Any medical problems or illnesses suffered by the child while in the mother’s care.
(b) Any medication that has been prescribed for the child.
(c) Any social, school or religious functions which the child is to attend.
(d) Any other matter relevant to the child’s welfare.
18.
That within 28 days of the date of these orders the mother and the father will do all acts and things necessary for Y to be known as Y Karle.
19.
That without admissions, both parents are restrained from exposing the children to sexually explicit material including on television, the internet or images, and both parents use their best efforts to ensure no third party exposes the children to sexually explicit material.
20.
That each parent is restrained from making critical or negative remarks about the other parent in the presence or hearing of the children, or either of them, and that each party do all things necessary to ensure that no third party makes critical comments about the other party in the presence or hearing of the child.
21.
That within 14 days of these orders and within 14 days of the children’s subsequent enrolment at any school the mother do all acts and things and give all irrevocable authorities necessary to ensure that whichever school the children may attend from time to time, that school forward directly to the father copies of all of each child’s school reports and merit cards, and any written material pertaining to each child’s academic and extra-curricular activities.
22.
That in the event of the children suffering a serious medical injury or illness (to be defined as the child needing to attend a hospital), the parent who has care of the child shall notify the other parent as soon as practicable after the first contact with hospital, and in any event within two (2) hours, and shall provide contact details (including the telephone number) of the hospital and the name of the practitioner (if known).
23.
That within five (5) days of these orders being made the father return X’s passport to the mother, and the mother hold the passport.
24.
That notwithstanding any other Order, the children shall not be in the father’s care on the weekend that includes Mother’s Day but, in substitution, will be in the father’s care on the following weekend in accordance with Order 5.
25.
That notwithstanding any other Order, the children shall spend time pursuant to Order 5 with the father on the weekend that includes Father’s Day but not the following weekend.
26.
That the parents shall each keep the other informed of his or her current residential address and contact details including a landline telephone number, mobile telephone number and emergency contact number but the father shall not attend at the mother’s address unless specifically invited in writing by the mother to do so.
27.
That in the event that either parent intends to change his or her residential address, he or she will give the other parent not less than four (4) weeks’ notice of the new address.
28.
That in the event that either parent wishes to travel overseas with the children, the parent wishing to travel shall, not less than eight weeks before the proposed departure:
(a) Give the other parent notice of the proposed departure date.
(b) Provide the other parent with the proposed itinerary, return date and contact numbers and addresses where the children can be contacted during the holiday.
29.
That the children shall not miss any school time when travelling with a parent without the agreement in writing of the other parent.
30.
That each parent be restrained from:
(a) Taking or causing the children to attend upon any counsellor in relation to allegations of sexual abuse without the express written consent of the other.
(b) Filming and/or taking photographs of the children’s genitalia or showing any person any photograph, video or audio recording that is in the possession of the mother that relates to sexual abuse allegations raised in these proceedings.
(c) Coaxing any disclosure of abuse from the children.
31.
That pursuant to Sections 65DA(2) and 62B of the Family Law Act 1975 (Cth) the particulars of the obligations these Orders create and the particulars of the consequences that may follow if a person contravenes these Orders and details of who can assist parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and those particulars are included in these Orders.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.