FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Katica & Katica [2024] FedCFamC1F 137
File number(s): BRC 10051 of 2014 Judgment of: HOWARD J Date of judgment: 28 March 2024 Catchwords: FAMILY LAW – PARENTING – Where the mother seeks sole parental responsibility – Where the mother seeks a reduction in the time that the children spend with the father from five nights per fortnight to three nights per fortnight – Where the father seeks an order for equal shared parental responsibility and the father seeks sole parental responsibility in respect of certain issues – Where the father seeks an equal time order – Where there is a long history of conflict in the case – Where there are significant difficulties in relation to the communication between the parents – Where it is in the best interests of the children for the mother to have sole parental responsibility and for the children to live with the mother and spend three nights per fortnight with the father. Legislation: Family Law Act1975 (Cth) ss 60CA, 60CC, 61DA, 65DAA, 121 Cases cited: Beckham v Desprez (2015) 55 Fam LR 310
Baghti & Baghti & Ors [2015] FamCAFC 71
Cox v Pedrana (2013) FLC 93-537
Cubbin & Cutler [2018] FamCAFC 84
Eagle & Scarlett (No 2) [2020] FamCAFC 291
Fitzwater & Fitzwater (2019) 60 Fam LR 212
Housing Commission of New South Wales v Tatmar Pastoral Co Pty Ltd [1983] 3 NSWLR 378
Isles & Nelissen (2022) FLC 94-092
Johanson & Johanson [2022] FedCFamC1A 74
M & M (1986) 166 CLR 69
Rice v Asplund (1979) FLC 90-725
Division: Division 1 First Instance Number of paragraphs: 92 Date of last submission: 13 September 2023 Date of hearing: 11, 12, 13 and 14 of April 2023 Place: Brisbane Counsel for the Applicant: Mr Dodd Solicitor for the Applicant: Phillips Family Law Counsel for the Respondent: Mr Coe Solicitor for the Respondent: Omnia Legal Counsel for the Independent Children’s Lawyer: Ms Frizelle Solicitor for the Independent Children’s Lawyer: Legal Aid Queensland ORDERS
BRC 10051 of 2014 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS KATICA
Applicant
AND: MR KATICA
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
HOWARD J
DATE OF ORDER:
28 MARCH 2024
THE COURT ORDERS ON A FINAL BASIS THAT:
1.All previous parenting Orders be discharged.
PARENTAL RESPONSIBILITY
2.The Mother have sole parental responsibility for all major long term issues in relation to X BORN 2009 and Y BORN 2012 (“the children”) which include but are not limited to:-
(a)Education (both current and future);
(b)Health, medical treatment and psychological issues (including the administration of vaccines);
(c)Religious and cultural upbringing;
(d)Names; and
(e)changes to the children’s living arrangements that make it significantly more difficult for the child to spend time with a parent.
3.In exercising her responsibilities for decision making pursuant to Order 2 above, the Mother must, unless in the case of a medical emergency:
(a)inform the Father of any…
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CaseChat Overview and Summary
The court found that it was in the best interests of the children for Ms Katica to have sole parental responsibility and for the children to live with her. The court noted that Mr Katica's unilateral actions in 2020 had harmed the children emotionally and psychologically, and that his conduct of involving the children in the conflict between him and Ms Katica was concerning. The court also found that Mr Katica's lack of insight and involvement of the children in the conflict between him and Ms Katica was evidence of his lack of co-parenting capacity. Based on these findings, the court made orders granting Ms Katica sole parental responsibility for major long-term issues, and set out specific arrangements for the children's time with each parent, communication between the children and their parents, and other matters such as schooling, medical treatment, and travel.
In summary, the court found that it was in the best interests of the children for Ms Katica to have sole parental responsibility and for the children to live with her and spend three nights per fortnight with Mr Katica. The court also made orders regarding various other aspects of the children's upbringing, taking into account the history of conflict in the case and the difficulties in communication between the parents.
Orders
Orders of the court
BRC 10051 of 2014
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MS KATICA
Applicant
AND:
MR KATICA
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
HOWARD J
DATE OF ORDER:
28 MARCH 2024
THE COURT ORDERS ON A FINAL BASIS THAT:
1. All previous parenting Orders be discharged.
PARENTAL RESPONSIBILITY
2. The Mother have sole parental responsibility for all major long term issues in relation to X BORN 2009 and Y BORN 2012 (“the children”) which include but are not limited to:-
(a) Education (both current and future);
(b) Health, medical treatment and psychological issues (including the administration of vaccines);
(c) Religious and cultural upbringing;
(d) Names; and
(e) changes to the children’s living arrangements that make it significantly more difficult for the child to spend time with a parent.
3. In exercising her responsibilities for decision making pursuant to Order 2 above, the Mother must, unless in the case of a medical emergency:
(a) inform the Father of any long term decision(s) to be made;
(b) take the Father’s views into account, which are to be provided by the father in one email within 72 hours of the Mother informing the Father of the decision/s to be made; and
(c) if the long term decision is in relation to either of the children’s health, advise the Father of the practitioners engaged in the children’s medical or psychological care and provide feedback on any diagnosis or treatment recommended and/or received by the children, and provide him with copies of any reports from their treating practitioners.
4. The Father have responsibility for decisions as to the children’s daily care during periods when they are in his care and the Mother have that responsibility at all other times.
LIVING ARRANGEMENTS
5. The children live with the Mother.
6. Unless otherwise agreed between the parties in writing, the children spend time with the Father as follows:
(a) During the school term, from the conclusion of school (or 5:00pm if a non-school day) on the second Friday of each new school term until the commencement of school the next Monday (or 5:00pm if Monday is a non-school day) and each alternate week thereafter (“the usual cycle”).
(b) During the school holidays, each alternate week from 5:00pm Friday to the next Friday at 5:00pm as follows:
(i) If the children are to enter into the Father’s care on the last Friday of a school term as per the usual cycle, then the children will remain in his care so that the children are in his care from the conclusion of school (or 5:00pm if a non-school day) on the last Friday of the school term until 5:00pm on Friday the following week and each alternate week thereafter in accordance with Order 6.b.;
(ii) If the children are to be with the Mother on the last Friday of a school term as per the usual cycle, then the children will remain in her care and will then enter into the Father’s care from 5:00pm on Friday of the following week, being the Friday in the first week of the school holidays, and spend time with him until 5:00pm the Friday in the week following and each alternate week thereafter in accordance with Order 6.b.
7. For the purposes of Order 6.b.:
(a) If the children are to be with the Father on the last weekend of a school holiday, the children will return to the Mother’s care at 5:00pm the day before the children’s first day of the new school term.
(b) If the school holiday period is an odd number of weeks, then for the last full calendar week of the school holidays, the children shall spend time with the parties as follows:
(i) with the Mother from 5:00pm on Monday until 5:00pm on Thursday;
(ii) with the Father from 5:00pm on Thursday until 5:00pm the day before the children’s first day of the new school term; and
(iii) with the Mother from 5:00pm the day before the children’s first day of school.
8. The preceding Orders 6 and 7 apply to both children together, unless otherwise agreed between the parties in writing.
SPECIAL OCCASIONS
CHRISTMAS
9. Notwithstanding any other Order, unless otherwise agreed between the parties in writing, the children spend time with the parties over the Christmas and Boxing Day period as follows:
(a) In odd years:
(i) with the Mother from 9:00am Christmas Eve until 11:00am on Christmas Day; and
(ii) with the Father from 11:00am Christmas Day until 5:00pm on Boxing Day.
(b) In even years:
(i) with the Father from 9:00am Christmas Eve until 11:00am on Christmas Day; and
(ii) with the Mother from 11:00am Christmas Day until 5:00pm on Boxing Day.
EASTER
10. Notwithstanding any other Order, unless otherwise agreed between the parties in writing and commencing at Easter 2025 the children shall spend time with the parties over the Easter period as follows:
(a) In odd years:
(i) with the Father from 5:00pm the Thursday before Good Friday until 5:00pm on Easter Saturday; and
(ii) with the Mother from 5:00pm on Easter Saturday until 5:00pm on Easter Monday.
(b) In even years:
(i) with the Mother from 5:00pm the Thursday before Good Friday until 5:00pm on Easter Saturday; and
(ii) with the Father from 5:00pm on Easter Saturday until 5:00pm on Easter Monday.
BIRTHDAYS
11. Notwithstanding any other Order, unless otherwise agreed between the parties in writing, the children spend time with the parent with whom they are not already in the care of on each of the children’s birthdays, as follows:
(a) if a school day, then for a period of not less than two (2) hours and in default of agreement from 4:00pm until 6:00pm; and
(b) if a non-school day (weekend, public holiday, pupil free day or school holiday) then for no less than four (4) hours and in default of agreement from 11:00am until 3:00pm.
12. The parent who has the child having a birthday in their overnight care shall have the first option to host a birthday party for the child and shall ensure that the other parent is invited to any party held by that parent.
13. Notwithstanding any other Order, unless otherwise agreed between the parties in writing, in the event that either parent’s birthday falls during a period the children are in the care of the other parent, the children spend time with the parent celebrating their birthday, as follows:
(a) if a school day, then for a period of not less than two (2) hours and in default of agreement from 4:00pm until 6:00pm; and
(b) if a non-school day (weekend, public holiday, pupil free day or school holiday) then for no less than four (4) hours and in default of agreement from 11:00am to 3:00pm.
FATHER’S DAY AND MOTHER’S DAY
14. If the children are not already in the Father’s care on the weekend of Fathers’ Day pursuant to these Orders, then the parties shall swap weekends so that the children spend time with the Father from the conclusion of school (or 5:00pm if a non-school day) on the Friday before Fathers’ Day until the commencement of school (or 5:00pm if a non-school day) the following Monday and the children then be in the Mother’s care the following weekend, with the usual cycle to resume thereafter.
15. If the children are not already in the Mother’s care on the weekend of Mothers’ Day pursuant to these Orders, then the parties shall swap weekends so that the children are in the Mother’s care from the conclusion of school (or 5:00pm if a non-school day) on the Friday before Mothers’ Day until the commencement of school (or 5:00pm if a non-school day) the following Monday and the children then spend time with the Father the following weekend from the conclusion of school (or 5:00pm if a non-school day) on Friday until the commencement of school (or 5:00pm if a non-school day) the following Monday, with the usual cycle to resume thereafter.
CHANGEOVER
16. For the purposes of these Orders, where changeover is unable to occur directly from school it shall occur by the parent the children are not in the care of at that time collecting the children from the other parent’s residence.
COMMUNICATION
17. The children be permitted to communicate with each of their parents via telephone, text, email or video contact at all reasonable times between 6:30am and 7:30pm and for that purpose:
(a) the parent who has the children in their care shall facilitate the communication; and
(b) the other parent may reply to such communications initiated by the children between 6.30am and 7.30pm only.
18. Either parent may initiate telephone, text, email or video contact with the children when the children are not in their care between 7:00pm and 7.30pm on one occasion every three days and are restrained by injunction from initiating contact with the children at other times when the children are not in their care, unless in the case of an emergency. The parent who has the children in their care shall take reasonable steps to facilitate the communication.
19. The children be permitted to have only one communication device of each type (i.e. one mobile phone, one iPad or other tablet device, etc.) and for that purpose:
(a) such devices are to be supplied and maintained by the Mother only; and
(b) it shall be at the Mother’s sole discretion whether the children need a communication device of any particular type given their age and development at the time.
20. If the children are required to have a computer or a laptop for school, such device is to be supplied and maintained by the Mother, and the type of computer or laptop to be provided shall be at her sole discretion.
21. The children may have a computer or laptop for their sole use at the Father’s house, at the Father’s sole cost.
SCHOOLING AND EXTRA-CURRICULAR
22. The parties are restrained by injunction from enrolling or committing either child to any activity which occurs during the time that the children are with the other party pursuant to these Orders without first obtaining the other party’s consent to such an activity.
23. The parties may enrol or commit either child to an activity which occurs during the time that the children are in their care at their own cost.
24. This Order serve as an authority for both parents to be permitted to liaise directly with the children’s school to receive any notices, information, newsletters, school reports, order forms for the children’s school photographs, information about the child’s progress at school as well as parent teacher appointments, and information about extra-curricular activities involving the children.
MEDICAL
25. Unless in the case of a medical emergency, the Father is restrained by way of injunction from communicating and liaising with the children’s treating health and medical practitioners, including attending appointments with the children with such practitioners, without the Mother’s written agreement and the Mother have sole responsibility in relation to same and must keep the Father informed pursuant to Order 3 above.
26. Upon notification by the Mother pursuant to Order 3.b., the Father must adhere to any prescribed treatment regime for the children when in his care including but not limited to:
(a) following recommendations and treatment plans;
(b) facilitating the children taking any prescribed medications at the prescribed intervals and frequency;
(c) facilitating taking the children to any required appointments pursuant to the treatment regime; and
(d) any other action required to adhere with the prescribed treatment regime.
27. The Father be restrained by injunction from making any comments to the children, or within their hearing, about any views he may hold that do not positively support the children’s health or medical treatment.
28. Each party keep the other informed of changes to the children’s health while the children are in their care and as soon as practicable, notify the other parent of any medical emergency involving the children.
TRAVEL
DOMESTIC
29. Each party will provide the other with 14 days written notice of their intention to take the children outside the state of Queensland during any period the children are in that party’s care and will provide particulars of the location/s at which the children will spend time while outside the state of Queensland.
INTERNATIONAL
30. On one occasion every two calendar years, both parents be at liberty to take the children out of the Commonwealth of Australia on an overseas holiday for up to 21 nights including travel times, provided that:
(a) the parent proposing the travel (“the travelling parent”) shall give the other parent as much written notification as possible of their intention to take the children out of Australia and in any event will give not less than two (2) months’ written notice of the dates that they intend to do so;
(b) as far as practical the occasions on which the travelling parent takes the children out of Australia coincide with their school holiday periods;
(c) unless agreed to in writing, the proposed travel dates do not coincide with the time the children spend with the other parent over Christmas or Easter;
(d) the proposed travel is not to or via any country:
(i) which is not a member of the Hague Convention on the Civil Aspects of International Child Abduction;
(ii) for which elevated travel advice has been issued by the Australian Government Department of Foreign Affairs and Trade or the equivalent government department, including warnings such as “do not travel”, “reconsider your need to travel” and “exercise a high degree of caution”, unless the other parent has provided their written consent;
(e) the travelling parent takes out comprehensive travel insurance for the children for the duration of the proposed travel, including dates of departure and arrival;
(f) no less than two (2) weeks prior to the date of departure, the travelling parent shall furnish to the other parent an accurate itinerary including:
(i) the departure and return dates;
(ii) the country or countries to which the travelling parent and the children will travel;
(iii) copies of the flight tickets and flight numbers purchased for the travelling parent and the children;
(iv) copies of travel insurance policies for the children;
(v) the dates on which the travelling parent and children will arrive and depart in each country/ies throughout the travel period;
(vi) contact details for which the children can be contacted on during the period that they will be overseas; and
(vii) accommodation addresses and contact numbers.
(g) the travelling parent shall facilitate the children contacting the other parent regularly by telephone or video call during the travel period but no less frequently than once every two days.
31. In the event that either child travels with either parent to Country D, then:
(a) the travelling parent shall ensure that the child or children are available to spend reasonable time (not less than eight (8) hours) with the immediate family of the other parent, with that time to be negotiated in advance and included in the itinerary prior to travel;
(b) however, the travelling parent shall not be under any obligation to make arrangements that the children travel further from their proposed location in Country D to another location in order to spend time with the immediate family of the other parent.
PASSPORTS
32. The Mother be permitted to obtain or update passports for the children and this Order shall serve as an authority to the Australian Department of Foreign Affairs and Trade to forthwith issue an Australian passport, in the name of X BORN 2009 and/or Y BORN 2012 upon receipt of such Application/s and all other documents required by law or by the Australian Department of Foreign Affairs and Trade, from the Mother, and deliver such passport to the Mother upon the passport issuing.
33. The Father shall, within seven (7) days of receiving a request from the Mother, do all acts and things and sign all documents as may be required, including attendance at the Country D High Commission if required, in order to renew and keep current all Australian and Country D passports for the children and all other documents as required to facilitate international travel.
34. The children’s passports be held by the Mother and in the event that the children travel with the Father pursuant to Orders 30 and 31:
(a) the Mother must release the children’s passports and any other personal documents required for travel to the Father within seven (7) days prior to the commencement of travel;
(b) the Father must return the children’s passports and all other personal documents that were required for travel to the Mother immediately upon the children returning to her care after the travel and not more than seven (7) days of the children’s return to Australia.
35. The parties must do all acts and things to ensure that the children have current and valid Australian passports at all times.
36. In the event that the Father refuses, fails or neglects to execute any document necessary to apply for or renew any Australian or Country D passport for the children, or any other document as required to facilitate the children’s international travel, seven (7) days after being requested to do so, and any such refusal, failure or neglect by the Father to do so is proved by Affidavits filed and served by or on behalf of the Mother, a Registrar of the Federal Circuit and Family Court at Brisbane be and is hereby appointed pursuant to s 106A of the Family Law Act 1975 (Cth) to execute such document in the name of such party.
RESTRAINTS
37. Unless otherwise provided in the Orders or agreed between the parties in writing, the Mother and Father be restrained by injunction from attending at the children’s school, school events, extra-curricular activities (including regular training sessions and competitions, games and matches) and any related social events attended by the children when the children are not in their care, except for the following:
(a) school or extra-curricular performances (including Easter and Christmas assemblies), annual award ceremonies or assemblies where the children will receive an award (which parents are ordinarily invited by the school to attend);
(b) annual sport carnivals and end of season finals for sporting games;
(c) individual parent meetings with school staff (including parent/teacher interviews).
38. Each of the parties, their servants and agents be hereby restrained by injunction from:
(a) abusing, insulting, belittling, rebuking or otherwise denigrating the other party;
(b) discussing these proceedings or the contents of any documents filed in or intended for use in these proceedings to, with or in the presence or hearing of the children (or any of them) and from permitting any other person to do so;
(c) saying unpleasant or unkind things of or about the other in the presence of or hearing of the children or permitting any other person to do so;
(d) discussing parenting disputes or personal grievances about parenting issues in the presence of or hearing of the children or permitting any other person to do so;
(e) passing information or messages for the other through the children;
(f) communicating about parenting arrangements, including the time the children are to spend with either parent, through the children, and all such discussions must be exchanged in writing, via text message or email, between the parties directly;
(g) discussing or making arrangements with the children which would require a variation to the parenting Orders, or enticing or encouraging the children to seek arrangements which would require a variation to the parenting Orders, unless such a variation has been agreed to by both parents in writing in advance of any communication in relation to such arrangements with the children.
39. Pursuant to s 68B of the Family Law Act 1975 (Cth), the Father be restrained by injunction from attending or approaching the Mother’s home unless during the specific times and for the specific purpose outlined in these Orders or during the specific times that have been agreed between the parties in writing.
OTHER
40. Pursuant to s 121 of the Family Law Act 1975 (Cth) the Independent Children’s Lawyer is authorised to and will provide to the children’s Paediatrician and/or Psychologist a copy of:
(a) This Order made 28 March 2024;
(b) These Reasons for Judgment delivered 28 March 2024; and
(c) The transcript of the oral testimony of Ms B.
41. The mother and the father shall jointly pay for a copy of the transcript in relation to Ms B’s oral testimony.
42. In the event that either child is invited to a party or other special occasion at a time when the child is scheduled to be in the other parent’s care, the parent who received the invitation shall forthwith upon receiving such invitation, provide the other party with a copy of such invitation to enable the other party to respond to the invitation as they may choose.
43. Each party keep the other informed of their current residential address, mobile and landline telephone numbers and any available email addresses and provide the other parent with seven (7) days’ prior notice of any change.
44. The children’s personal documents (including birth certificates, passports or any other primary identification documents) be held by the Mother.
45. Within seven (7) days’ of these Orders, the Father must return the children’s unabridged birth certificates to the Mother.
46. Ms B be engaged to explain these Orders to the children as soon as practical following the date on which the Orders are made.
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).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish 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
Ratio Decidendi
Legal Principle Established
In a parenting case such as this, the Court is required to have careful regard to the provisions of Part VII of the Family Law Act1975 (Cth) (“the Act”). Section 60CA of the Act provides:“In deciding whether to make a particular parenting order in relation to a child, a Court must regard the best interests of the child as the paramount consideration." The Court is required to “consider” various matters (note s 60CC of the Act) when determining what is in the best interests of a child. The Court is not required to specifically mention every factor contained in s 60CC (Cubbin & Cutler [2018] FamCAFC 84 at [12] – [13]). Subject to what I have to say later in these Reasons for Judgment – I have reached the conclusion that it is in the best interests of the children to continue having a meaningful relationship with both the mother and the father. How this will be achieved will become apparent through the course of these Reasons for Judgment. At this point in time it is important to note some of the principles concerning applications under Part VII of the Act. In particular I note:(a)There is no need for the sections and subsections within Part VII to be considered in any specific order: Cox v Pedrana (2013) FLC 93-537 at [29]–[31]; Beckham v Desprez (2015) 55 Fam LR 310 at [31].(b)The Full Court stated in Baghti & Baghti & Ors [2015] FamCAFC 71 (“Baghti”) at [63]: “[The Court]…is not required to make findings in relation to all of the facts put in issue by the parties. A court need only determine those facts that are necessary for the determination of the issues between the parties.”(c)In the same decision (Baghti) the Court approved of the decision in Housing Commission of New South Wales v Tatmar Pastoral Co Pty Ltd [1983] 3 NSWLR 378 (“Tatmar Pastoral”). In Tatmar Pastoral Mahoney JA stated at pp.385 – 386:“It is not the duty of the judge to decide every matter which is raised in argument. He may decide a case in a way which does not require the determination of a particular submission: in such a case he may put it aside or, as Lord Scarman said, merely salute it in passing…”(d)In Whisprun Pty Ltd v Dixon (2003) 200 ALR 447 (“Whisprun”) the High Court (per Gleeson CJ, McHugh and Gummow JJ) stated at [62];“… A judge’s reasons are not required to mention every fact or argument relied on by the losing party as relevant to an issue. Judgments of trial judges would soon become longer than they already are if a judge’s failure to mention such facts and arguments would be evidence that he or she had not properly considered the losing party’s case.”(e)The approach outlined in Whisprun is the approach adopted by this Court: Eagle & Scarlett (No 2) [2020] FamCAFC 291 at [103] and Johanson & Johanson [2022] FedCFamC1A 74 at [43]. There are a number of issues that need to be considered at the outset. JANUARY 2020 – NOVEMBER 2020 Between January 2020 and November 2020, the father unilaterally decided to suspend the children’s time with him. The mother has provided the following detailed evidence in relation to this period of time. In her trial affidavit filed on 21 March 2023 – from paragraph 57 the mother states:“57. In January 2020, [Mr Katica] made the decision, without consultation with me or providing any reasons, to cease the children's regular time with him. On 13 January 2020, a few days after I had just undergone [an operation] and was recovering from surgery, I received an email from [Mr Katica] advising that, " ... the children will not be in a position to come to me as per regular arrangements. This applies to: - the rest of January - February. I have briefed the children. I will be available for medical or general health emergencies. I will communicate further on this closer to March. Please advise via email where you have made arrangements for sleep-overs, babysitting, pick-ups, etc. by others.58. I responded to [Mr Katica] on 20 January 2020 advising, " ... I confirm receipt of your notice that you will not care for the children as per our Consent Orders for the remainder of January and February 2020. While you have not discussed these arrangements with me to confirm my availability, I advise that the children are welcome with me during this time, as they always are during any time that you are unable or unwilling to care for them ... 59. On 19 February 2020, I received another email from [Mr Katica] advising that, " ... the children will not be in a position to come to me as per regular arrangements. This applies to March and April. I will communicate further on this closer to May. Please advise via email where you have made arrangements for sleep-overs, babysitting, pick-ups, drop-offs, general care, etc. by parties other than you.60. On 31 May 2020, [Mr Katica] send a further email, advising, "[Ms Katica] To advise no changes my last email. [sic] Regards".61 . From 13 January 2020 until the First Return Date on 2 November 2020:a. [Mr Katica] suspended the children spending time with him pursuant to the Orders however, would regularly show up at the children's sporting and training events, often without notice;b. [Mr Katica] would instigate inconsistent contact directly with the children via calls or messages;c. [Mr Katica] communicated directly through the children, bypassing me, to make arrangements to spend time with them, further detailed below;d. Until I commenced proceedings on 9 September 2020, [Mr Katica] ceased almost all communicating with me about parenting matters, except for:i. advising that he would not take up his regular parenting time (as referred to above);ii. advising that he did not consent to [Y] receiving much needed psychologist support;iii. declining my request to meet to discuss the current issues; andiv. corresponding about his intentions with the children during the September / October 2020 school holidays.62. I provided full-time care for the children, while working and recovering from the […] surgery. Between April and May 2020, this care included home-schooling during COVID-19 lockdown. During this lockdown I attended to all of the children's needs including assisting them with their schoolwork and physical activities without assistance from [Mr Katica], except for his ad hoc play dates at the park, which I transported the children to as [Mr Katica] refused to pick them up from my house.63. Between January and November 2020, I raised my concerns with [Mr Katica] about the situation by email on multiple occasions (19 February, 5 March, 3 April and 29 July 2020), including the impact that his decision was having on the children.64. [Mr Katica] did not respond to these emails other than to notify me of his plans with the children for the September/ October 2020 school holidays. I continued to regularly send updates to [Mr Katica] via email regarding the children, including about any medical issues or appointments and their extra-curricular activities. [Mr Katica] did not acknowledge or respond to any of these emails either, except to advise that he did not provide his consent for [Y] to receive psychological support.65. One of the main reasons I commenced these proceedings is because I was really concerned about the impact on the children of [Mr Katica] choosing not to spend regular overnight time with them.”