FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Karney & Karney [2024] FedCFamC2F 558
File number(s): PAC 1628 of 2018 Judgment of: JUDGE NEWBRUN Date of judgment: 7 May 2024 Catchwords: FAMILY LAW – PARENTING – Best interests of children. Legislation: Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 61DA, 65DAA Cases cited: Saif & Saif [2020] FamCA 119 Division: Division 2 Family Law Number of paragraphs: 95 Date of hearing: 15 April 2024 and 22 April 2024 Place: Parramatta Counsel for the Applicant: Mr Battley Counsel for the Respondent: Mr Macarounas Solicitor for the Respondent: Rowlandson & Co Solicitors ORDERS
PAC 1628 of 2018 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR KARNEY
Applicant
AND: MS KARNEY
Respondent
ORDER MADE BY:
JUDGE NEWBRUN
DATE OF ORDER:
7 MAY 2024
ON A FINAL BASIS THE COURT ORDERS THAT:
1.By consent, Order 5 of the Orders of 7 March 2024 is amended to read: “That W and X communicate with the father via Facetime between 5.00 pm and 5.30 pm each Thursday on each of their birthdays, on the father’s birthday, on the father’s partner’s birthday, on the paternal grandmother’s birthday, and on the paternal great grandmother’s birthday; such communication shall be effected by telephoning the mother’s mobile phone.
2.The father spend time with W born in 2012 and X born in 2014 (hereinafter “the children”) as agreed in writing between the parents, and failing agreement:
(a)For two weekends during the school term from 6.15 pm on Friday until 6.15 pm on the following Sunday (i.e. two nights) as agreed in writing between the parties but failing agreement on the fourth and eighth Friday of each school term, with such time to take place in Sydney or in Region B for the first two visits and thereafter on an alternating basis between Sydney or Region B and Region C;
(b)For seven days in the autumn, winter, and spring school holidays:
(i)First, commencing at 10.00 am on Sunday 7 July 2024 and concluding at 10.00 am the following Sunday, with such time to be spent in Sydney or in Region B;
(ii)Thereafter, commencing at 10.00 am on the first Sunday of the school holidays and concluding at 10.00 am the following Sunday, with such time to be spent in Region C;
(c)For seven days in the end of year school holidays, with such time to be spent in Region C:
(i)In even numbered years, commencing at 10.00 am on 22 December and concluding at 10.00 am on 29 December;
(ii)In odd numbered years, commencing at 10.00 am on 29 December and concluding at 10.00 am on 5 January the following year.
3.Changeover shall occur as agreed in writing between the parents, and failing agreement:
(a)If time is to be spent in New South Wales, with the father collecting the children from the mother at E Reserve, Suburb D at the commencement of his time and delivering them to the mother at the same location at the conclusion…
Continue reading Karney & Karney
Sign in free to access the full text
- AGLC
- Karney & Karney [2024] FedCFamC2F 558
- Case
- [2024] FedCFamC2F 558
- Decision Date
CaseChat Overview and Summary
The court was tasked with deciding on specific visitation schedules, communication methods, and conditions for travel with the children. Judge Newbrun considered the statutory requirement under the Family Law Act 1975 (Cth) to prioritise the children’s best interests. This involved assessing evidence and submissions from both parents concerning their capacity to provide for the children’s physical, emotional, and educational needs. Additionally, the court had to evaluate the impact of various proposed arrangements on the children’s relationship with each parent and their overall well-being.
Judge Newbrun concluded that the proposed arrangements, as amended and detailed in the final orders, were in the best interests of the children. The orders included specific provisions for communication via Facetime on certain significant dates, detailed visitation schedules that alternated between Sydney, Region B, and Region C, and conditions for international travel. The court also emphasised the importance of the children spending designated weekends with each parent and outlined strict protocols to prevent the children from being exposed to any negative influences or discussions about the proceedings. The court's decision was based on a comprehensive assessment of the evidence and aimed to provide a stable and nurturing environment for the children.
Orders
Orders of the court
PAC 1628 of 2018
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR KARNEY
Applicant
AND:
MS KARNEY
Respondent
ORDER MADE BY:
JUDGE NEWBRUN
DATE OF ORDER:
7 MAY 2024
ON A FINAL BASIS THE COURT ORDERS THAT:
1. By consent, Order 5 of the Orders of 7 March 2024 is amended to read: “That W and X communicate with the father via Facetime between 5.00 pm and 5.30 pm each Thursday on each of their birthdays, on the father’s birthday, on the father’s partner’s birthday, on the paternal grandmother’s birthday, and on the paternal great grandmother’s birthday; such communication shall be effected by telephoning the mother’s mobile phone.
2. The father spend time with W born in 2012 and X born in 2014 (hereinafter “the children”) as agreed in writing between the parents, and failing agreement:
(a) For two weekends during the school term from 6.15 pm on Friday until 6.15 pm on the following Sunday (i.e. two nights) as agreed in writing between the parties but failing agreement on the fourth and eighth Friday of each school term, with such time to take place in Sydney or in Region B for the first two visits and thereafter on an alternating basis between Sydney or Region B and Region C;
(b) For seven days in the autumn, winter, and spring school holidays:
(i) First, commencing at 10.00 am on Sunday 7 July 2024 and concluding at 10.00 am the following Sunday, with such time to be spent in Sydney or in Region B;
(ii) Thereafter, commencing at 10.00 am on the first Sunday of the school holidays and concluding at 10.00 am the following Sunday, with such time to be spent in Region C;
(c) For seven days in the end of year school holidays, with such time to be spent in Region C:
(i) In even numbered years, commencing at 10.00 am on 22 December and concluding at 10.00 am on 29 December;
(ii) In odd numbered years, commencing at 10.00 am on 29 December and concluding at 10.00 am on 5 January the following year.
3. Changeover shall occur as agreed in writing between the parents, and failing agreement:
(a) If time is to be spent in New South Wales, with the father collecting the children from the mother at E Reserve, Suburb D at the commencement of his time and delivering them to the mother at the same location at the conclusion of his time;
(b) If time is to be spent in Region C, then unless otherwise agreed:
(i) The mother shall deliver the children to the father at Sydney Airport at the commencement of the father’s time and collect them from the father at Sydney Airport at the conclusion of the father’s time.
4. In May of each year, the children shall spend Mother’s Day weekend with the mother, and in the event that Mother’s Day falls on a weekend that the children would otherwise spend with the father pursuant to these Orders, such time with the father is postponed to the following weekend.
5. In September of each year, the children shall spend Father’s Day weekend with the father, and in the event that Father’s Day falls on a weekend that the children would not otherwise be spending time with the father in Region C pursuant to these Orders, such time shall occur in Sydney or in Region B from 6.15 pm on Friday to 6.15 pm on the following Sunday.
6. Pursuant to s 65Y(2) of the Family Law Act 1975 (Cth), the mother and the father shall be permitted to travel with the children out of the Commonwealth of Australia but not until 2025.
7. The mother shall hold and retain the children’s passports, subject to Order 8 herein.
8. For the purposes of the father travelling outside of the Commonwealth of Australia with the children, the mother is to provide the father with the children’s passports not less than 14 days prior to the proposed departure date and the father shall return the children’s passports within seven days of his return to Australia with the children.
9. For the purposes of the father’s time with the children in Region C, the father shall:
(a) Provide the mother with flight details including copies of return tickets for the children no later than 21 days prior to the proposed travel;
(b) Unless otherwise agreed, accompany the children on such travel.
10. The parties are restrained from:
(a) Denigrating the other party, members of the other party’s household or family, or the children in the presence or hearing of the children, and shall remove the child from the presence or hearing of any third party who may do so;
(b) Discussing with the children these proceedings or allegations raised in these proceedings, or allowing the children access to, or informing the children of the contents of documents filed or prepared for the primary purpose of these proceedings.
11. Each party shall do all things and sign all documents necessary to authorise and direct any school attended by the children to discuss with the other party the children’s school attendance and progress, furnish reports, photos and copies of any correspondence, newsletter or other written material produced by the school and distributed to carers and both parties shall be entitled to fully participate in all and any activities at the school or connected with the school.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
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.