Federal Circuit and Family Court of Australia
(DIVISION 2)
Karlsson & Karlsson [2022] FedCFamC2F 1604
File number(s): SYC 8036 of 2017 Judgment of: JUDGE M NEVILLE Date of judgment: 14 December 2022 Catchwords: FAMILY LAW – parenting – final hearing – high conflict co-parenting relationship – whether presumption of equal shared parental responsibility is rebutted – relationship between adolescent children and father presently estranged – children’s views are strong and longstanding – where father contends parental alienation – where mother contends children’s views independently formed – weight to be placed on children’s views – whether any order can be made for time with father other than in accordance with children’s wishes – application for costs by Independent Children’s Lawyer – orders made for sole parental responsibility in favour of mother – orders that children spend time with father in accordance with their wishes – orders to facilitate mother obtaining travel documents for children and for children’s travel outside of Australia – order that father pay proportion of the Independent Children’s Lawyers costs in the fixed sum of $1,000 Legislation: Australian Passports Act 2005 (Cth) s 11
Family Law Act 1975 (Cth) pt VII, ss 60B, 60CC, 61C, 61DA, 65D, 65DAB, 65DAC, 65Y, 79A, 106A, 117
Cases cited: Dawson & Wright [2018] FamCA 266
Karlsson & Karlsson (No 2) [2020] FCCA 144
Picton & Alleva [2021] FCCA 10
Ralton & Ralton [2017] FamCAFC 182
Yapp & Wyndham [2020] FCCA 2122
Division: Division 2 Family Law Number of paragraphs: 247 Date of hearing: 28, 29 and 30 June 2021 Place: Sydney For the Applicant: The Applicant appeared in person For the Respondent: The Respondent appeared in person Counsel for the Independent Children's Lawyer: Ms Shea Solicitor for the Independent Children's Lawyer: Legal Aid NSW Gosford Family Law ORDERS
SYC 8036 of 2017 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS KARLSSON
Applicant
AND: MR KARLSSON
Respondent
INDEPENDENT CHILDREN'S LAWYER
order made by:
JUDGE M NEVILLE
DATE OF ORDER:
14 december 2022
THE COURT ORDERS, on a final basis, THAT:
1.That the Mother have sole parental responsibility for the children, X, born in 2007, and Y, born in 2008 ("the children").
2.That the children live with the Mother.
3.The X and Y shall each spend time with the Father as agreed between the parties taking into account each child's views and wishes.
4.In the event either X or Y express a wish to spend time or communicate with the Father in the future, the Mother is to do all acts and things necessary to arrange such time and/or communication.
5.That pursuant to Section 11(1)(b)(i) of the Australian Passports Act 2005 (Cth), the children, X, born in 2007, and Y, born in 2008, are each entitled to have an Australian travel document including but not limited to an Australian Passport, and to give effect to this Order, the Mother is permitted to complete, sign and lodge any application for issue and/or renewal of each child's Australian passport, or any other document…
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