FEDERAL CIRCUIT COURT OF AUSTRALIA
| KERSHAW & JOYCE | [2013] FCCA 1047 |
| Catchwords: FAMILY LAW – Parenting – Relocation – Competing interests of meaningful relationship of child with father and the impact of relocation on mother’s parenting capacity and the child’s stability. |
| Legislation: Family Law Act 1975 s.60CC |
| Hepburn & Noble (2010) FamCAFC 111 A & A: Re-location Approach (2000) FLC 93-035 Taylor & Barker [2007] FamCA 1246 Morgan & Miles (2007) FLC 93-343 AIMS v AIF (1999) CLR 160 Godfrey & Sanders [2007] FamCA 102 Goode & Goode [2006] FamCA 1346 MRR & GR [2010] HCA 4 Cales & Cales [2010] FamCAFC 237 |
| Applicant: | MR KERSHAW |
| Respondent: | MS JOYCE |
| File Number: | PAC 3151 of 2012 |
| Judgment of: | Judge Henderson |
| Hearing dates: | 18 and 19 June 2013 |
| Date of Last Submission: | 19 June 2013 |
| Delivered at: | Parramatta |
| Delivered on: | 9 August 2013 |
REPRESENTATION
| Counsel for the Applicant: | Mr Weaver |
| Solicitors for the Applicant: | John Spence & Associates |
| Counsel for the Respondent: | Mr Anglin |
| Solicitors for the Respondent: |
ORDERS
That the child, X, born (omitted) 2009, live with her mother and the mother be permitted to remain living with the child in Queensland.
The child spend time with her father failing the parties being able to agree as follows:
(a)One weekend each month, with the mother to facilitate and pay for the costs of the child attending Sydney for three nights and three days in one calendar month and the father to facilitate and pay for the costs of the child spending time with him in Brisbane for three nights and three days in the other calendar month.
(b)The time for the child to commence spending time with her father will be in Sydney the first weekend after 28 days has expired from the date of these orders.
(c)The child to spend one week holiday with her father in each of the gazetted Queensland school holiday periods mid-term at the cost of the mother.
(d)For one week in Christmas each year at the cost of the father and in even-numbered years, the week holiday to include Christmas Day and Boxing Day.
(e)In odd-numbered years the week of holiday to commence the second week in January.
(f)Upon the child reaching age 7, the child to spend two weeks with her father in Sydney at Christmas and travel may travel as an unaccompanied minor.
(g)At all other times as agreed.
The parents to communicate in relation to the child via Skype or text message, and the child to have Skype communication with the father on no less than two occasions each week, and at other times as she may request.
Both parties are injuncted and restrained from speaking ill of or denigrating the other in the presence or hearing of the child or permitting and third person so to do.
IT IS NOTED that publication of this judgment under the pseudonym Kershaw & Joyce is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT SYDNEY |
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- AGLC
- KERSHAW & JOYCE [2013] FCCA 1047
- Case
- [2013] FCCA 1047
- Decision Date
CaseChat Overview and Summary
The court was required to determine the living arrangements for the child, X, and to make orders regarding the time X would spend with her father, including the frequency, duration, location, and cost of such time. Further issues included the method and frequency of communication between the parents regarding X, and the communication between X and her father. The court also considered the need to prevent disparaging remarks about one parent in the presence of the child.
Judge Henderson ordered that X live with her mother, who was permitted to remain living with X in Queensland. The court then detailed specific arrangements for X to spend time with her father, alternating between Sydney and Brisbane on a monthly basis, with provisions for school holidays and Christmas. The orders also mandated regular Skype or text communication between the parents and between X and her father, and importantly, enjoined both parents from speaking ill of the other in X's presence or hearing.
Orders
Orders of the court
1.
That the child, X, born (omitted) 2009, live with her mother and the mother be permitted to remain living with the child in Queensland.
2.
The child spend time with her father failing the parties being able to agree as follows:
(a) One weekend each month, with the mother to facilitate and pay for the costs of the child attending Sydney for three nights and three days in one calendar month and the father to facilitate and pay for the costs of the child spending time with him in Brisbane for three nights and three days in the other calendar month.
(b) The time for the child to commence spending time with her father will be in Sydney the first weekend after 28 days has expired from the date of these orders.
(c) The child to spend one week holiday with her father in each of the gazetted Queensland school holiday periods mid-term at the cost of the mother.
(d) For one week in Christmas each year at the cost of the father and in even-numbered years, the week holiday to include Christmas Day and Boxing Day.
(e) In odd-numbered years the week of holiday to commence the second week in January.
(f) Upon the child reaching age 7, the child to spend two weeks with her father in Sydney at Christmas and travel may travel as an unaccompanied minor.
(g) At all other times as agreed.
3.
The parents to communicate in relation to the child via Skype or text message, and the child to have Skype communication with the father on no less than two occasions each week, and at other times as she may request.
4.
Both parties are injuncted and restrained from speaking ill of or denigrating the other in the presence or hearing of the child or permitting and third person so to do.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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