FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Klasson & Borisov (No 2) [2025] FedCFamC1F 306
File number(s): SYC 2878 of 2022 Judgment of: CURRAN J Date of judgment: 9 May 2025 Catchwords: FAMILY LAW – PARENTING – Where child has been living with father – Where the mother has been spending supervised day time with the child – Where on final day mother agreed for father to have sole-decision making – Where father accepted mother was not a safety risk and did not require supervision – Where father sought limited spend time orders – Where orders made for incremental increase in time with mother and immediate overnight time are in the child’s best interest – Where mother sought orders to change child’s name to include her surname – Where such an order is not in the best interest of the child – Where parties sought various injunctive orders Legislation: Family Law Act 1975 (Cth), pt VII, ss 60B, 60CA, 60CC, 64B, 117
Convention on the Rights of the Child
Cases cited: A v B (No 2) [2003] FMCAfam 530
Adamson & Adamson [2014] 51 Fam LR 626; [2014] FamCA 232
Beach and Semmler (1979) FLC 90-692
Carlson & Fluvium [2012] FamCA 32
Chapman and Palmer (1978) 34 FLR 405
Line v Line (1997)136 FLR 149
Reynolds & Sherman [2016] FamCAFC 240
Zachariah & Zachariah [2017] FamCA 482
Division: Division 1 First Instance Number of paragraphs: 289 Date of last submission/s: 21 February 2025 Date of hearing: 17-21 February 2025 Place: Sydney Counsel for the Applicant: Ms Tabbernor Solicitor for the Applicant: Gibson Howlin Lawyers Counsel for the Respondent: Ms Adams-Nash Solicitor for the Respondent: Opal Legal Counsel for the Independent Children's Lawyer: Mr Jackson Solicitor for the Independent Children's Lawyer: Brian Samuel & Associates ORDERS
SYC 2878 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MR KLASSON
Applicant
AND: MS BORISOV
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
CURRAN J
DATE OF ORDER:
9 MAY 2025
ON A FINAL BASIS THE COURT ORDERS THAT:
1.All previous parenting orders between the parties are hereby discharged.
Decision making
2.The father shall have sole long-term decision-making responsibility for the child, X born in 2021 ("the child").
3.Prior to the father making a decision in respect of any major long-term issue pursuant to Order 2 herein:
(a)The father shall notify the mother in writing with notice of his intention to make any long-term decision ("the proposed decision") for the child at least fourteen (14) days prior to making a decision;
(b)The mother shall provide one (1) written response to the father's proposed decision within seven (7) days of receiving the proposed decision;
(c)The father shall consider the mother's response to the proposed decision and inform the mother of his ultimate decision within seven (7) days of making the decision; and
(d)In the event that the mother does not provide a written response to the father in accordance with Order 3(b) herein the father is authorised by these…
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CaseChat Overview and Summary
The court considered various factors, including the child's living arrangements, the parents' communication history, and the necessity of injunctive orders to protect the child’s welfare. The court acknowledged the father's concerns regarding the mother's communication, which he described as excessive and potentially harmful. However, the court found that while some restrictions were necessary, a complete ban on the mother's communication about long-term decisions was too broad and could impede necessary discussions about the child’s welfare.
The court ultimately determined that sole long-term decision-making responsibility should rest with the father, but with specific conditions to facilitate communication between the parents. The father was required to notify the mother of his proposed decisions and consider her input. The visitation schedule for the mother was incrementally increased to allow for more time with the child, reflecting the court’s belief that this arrangement was in the child’s best interest. The court also denied the mother's request to change the child’s name, finding it would not be in the child's best interest. Various injunctive orders were put in place to protect the child's wellbeing, including restrictions on denigrating the other parent and consuming illicit substances in the child's presence.
The final orders discharged all previous parenting arrangements and established new guidelines for decision-making, living arrangements, visitation schedules, and communication between the parents. The father was granted sole long-term decision-making responsibility with specific communication protocols, while the mother was awarded incrementally increasing visitation times. The court also imposed injunctive orders to prevent denigration and substance use around the child and to ensure that both parents could attend the child’s school events and extracurricular activities.
Orders
Orders of the court
SYC 2878 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MR KLASSON
Applicant
AND:
MS BORISOV
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
CURRAN J
DATE OF ORDER:
9 MAY 2025
ON A FINAL BASIS THE COURT ORDERS THAT:
1. All previous parenting orders between the parties are hereby discharged.
Decision making
2. The father shall have sole long-term decision-making responsibility for the child, X born in 2021 ("the child").
3. Prior to the father making a decision in respect of any major long-term issue pursuant to Order 2 herein:
(a) The father shall notify the mother in writing with notice of his intention to make any long-term decision ("the proposed decision") for the child at least fourteen (14) days prior to making a decision;
(b) The mother shall provide one (1) written response to the father's proposed decision within seven (7) days of receiving the proposed decision;
(c) The father shall consider the mother's response to the proposed decision and inform the mother of his ultimate decision within seven (7) days of making the decision; and
(d) In the event that the mother does not provide a written response to the father in accordance with Order 3(b) herein the father is authorised by these orders to make the proposed decision.
Live with
4. The child shall live with the father.
Spend time
5. From the date of these Orders until the child commences school the child shall spend time with the mother as follows:
(a) For a period of eight (8) weeks from the date of these orders as follows:
(i) From 10.00am until 2.00pm each Wednesday and Thursday.
(ii) Each alternate weekend from 10.00am on Saturday until 5.00pm on Sunday commencing on Saturday 10 May 2025.
(b) Upon conclusion of the period referred to in Order 5(a) above for a further period of eight (8) weeks as follows:
(i) From 10.00am until 2.00pm each Wednesday and Thursday.
(ii) Each alternate weekend from 3.00pm on Friday until 5.00pm on Sunday commencing on Friday 4 July 2025.
(c) Upon conclusion of the period referred to in Order 5(b) as follows:
(i) From 10.00am until 2.00pm each Wednesday and Thursday.
(ii) Each alternate weekend from 3.00pm on Friday until 9.00am on Monday commencing on Friday 29 August 2025.
(d) From the commencement of 2026 as follows:
(i) From 9.00am each Wednesday until 9.00am the following morning.
(ii) Each alternate weekend from 3.00pm on Friday until 9.00am on Monday.
6. Upon the child commencing school the child shall spend time with the mother during the school term as follows:
(a) Each alternate weekend from the conclusion of school on Friday until the commencement of school on Monday or the commencement of school on the Tuesday if that weekend is a long weekend or a pupil free day; and
(b) Each week from the conclusion of school on Wednesday until the commencement of school on Thursday.
School Holidays
7. Upon the child commencing primary school, during the school holiday periods, the time arrangements as set out in Order 6 are suspended.
8. Unless otherwise agreed by the mother and father in writing, the child shall spend school holidays with the mother and the father from the date of these Orders as follows:
(a) In the school term holidays at the end of terms 1, 2 and 3:
(i) In even numbered years, with the mother from 3.00pm or after school on the last day of student attendance until 3.00pm on the middle Saturday and with the father from 3.00pm on the middle Saturday until return to school on the first day of the following term.
(ii) In odd numbered years with the father from 3.00pm or after school on the last day of student attendance until 3.00pm on the middle Saturday and with the mother from 3.00pm on the middle Saturday until return to school on the first day of the following term.
(b) In the longer summer holidays:
(i) During the summer school holidays in 2027/2028 on a week about basis with the changeover being at 3.00pm on Friday.
(ii) During the summer school holidays thereafter as follows:
A. In even numbered years for a period of three (3) weeks commencing at 3.00pm or the conclusion of school on the last day of student attendance until 3.00pm on the same day three (3) weeks later with the mother, and from 3.00pm on the day three (3) weeks after the conclusion of student attendance at school, until return to school for the new school term with the father; and
B. In odd numbered years for a period of three (3) weeks commencing at 3.00pm or the conclusion of school on the last day of student attendance until 3.00pm on the same day three (3) weeks later with the father, and from 3.00pm on the day three (3) weeks after the conclusion of student attendance at school, until return to school for the new school term with the mother.
Special Occasions
9. The child's time in Orders 5, 6, 7 and 8 shall be suspended to facilitate the special occasion arrangements provided for in Order 10.
10. The child shall spend time with the mother and father during special occasions as follows:
(a) The child shall spend time with the father from 5.00pm on the Saturday before Father's Day to 5:00 pm on Father's Day.
(b) Commencing in 2026 the child shall spend time with the mother from 5.00pm on the Saturday before Mother's Day to 5.00pm on Mother's Day.
(c) On the child's birthday, being 7 October, in each year:
(i) If the child's birthday falls on a daycare/preschool/ school day, the child spend time with the parent with whom he is not currently living, from 3.00pm until 7.00pm.
(ii) If the child's birthday falls on a weekend or a day when the child is not at school, the child spend time with the parent with whom he is not current living, from 9.00am until 2.00pm that day.
(d) On the father's birthday as follows:
(i) If the father's birthday falls on a daycare/preschool/school day, the child spend time with the father from after daycare/preschool/school until 7.00pm, if the child is not already in his care.
(ii) If the father's birthday falls on a weekend, the child spend time with the father from 9.00am until 2.00pm that day, if the child is not already in his care.
(e) On the mother's birthday as follows:
(i) If the mother's birthday falls on a daycare/preschool/school day, the child spend time with the mother from after daycare/preschool/school until 7.00pm, if the child is not already in her care.
(ii) If the mother's birthday falls on a weekend, the child spend time with the mother from 9.00am until 2.00pm that day, if the child is not already in her care.
(f) During Christmas, as agreed between the parties in writing and in the absence of such agreement:
(i) In odd numbered years with the mother from 4.00pm Christmas Eve until 4.00pm on Christmas Day and with the father from 4.00pm Christmas Day until 4.00pm Boxing Day.
(ii) In even numbered years with the father from 4.00pm Christmas Eve until 4.00pm on Christmas Day and with the mother from 4.00pm Christmas Day until 4.00pm Boxing Day.
(g) During Easter, as agreed between the parties in writing and in the absence of such agreement:
(i) In odd numbered years with the mother from 5.00pm on Holy Thursday to 5.00pm on Easter Saturday and with the father from 5.00pm on Easter Saturday until 5.00pm on Easter Monday.
(ii) In even numbered years with the father from 5.00pm on Holy Thursday to 5.00pm on Easter Saturday and with the mother from 5.00pm on Easter Saturday until 5.00pm on Easter Monday.
Changeover
11. All changeovers shall, on daycare/preschool/school days, take place at the child's daycare/preschool/school or otherwise changeover shall occur in the Restaurant at McDonald's Suburb F.
Enrolment and attendance at daycare/preschool/school
12. Upon the father enrolling the child in daycare/preschool/school he shall:
(a) Notify the mother in writing by parenting App message, all details in respect of the enrolment, including the name of the daycare/preschool/school;
(b) Include the mother's details (including her contact details) on any enrolment form; and
(c) Take all steps to authorise the daycare/preschool/school to provide the mother directly all information ordinarily available to parents.
13. Both parents be entitled to attend any daycare/preschool/school or extra-curricular activity to which parents are invited, including but not limited to parent-teacher interviews, assemblies, excursions, concerts and sports days.
Overseas Travel
14. The mother and the father are permitted to travel outside of the Commonwealth of Australia with the child, provided that:
(a) Such travel is not to occur before Christmas 2028.
(b) No less than thirty (30) days prior to the intended date of departure the travelling parent must provide the other parent with written details of the proposed travel including all destinations of travel, dates and methods of travel;
(c) No less than fourteen (14) days of the intended date of departure the travelling parent must provide the other parent with a detailed and complete itinerary showing the following information:
(i) Dates and methods of travel (including flight and ship number, departure and arrival);
(ii) All destinations of travel; and
(iii) Addresses of all accommodation where the child will be residing.
(d) Any period of proposed travel by the travelling parent must be during a period when the child would otherwise be living or spending time with such parent pursuant to these Orders unless otherwise agreed to by the parents in writing.
Australian Passport
15. On or before December 2028, the father is to do all things and sign all documents necessary, including but not limited to completing and signing forms, attending interviews, obtaining passport photos, and paying any application monies for the issuing of or renewal of an Australian passport for the child, and shall ensure that from that time the child has a valid passport.
16. The father shall provide a certified copy of the child's passport to the mother within fourteen (14) day of obtaining the passport.
17. The father shall hold the hold the child's passport and is to provide the passport to the mother within seven (7) days of a request for the passport to be made available for travel.
18. The mother is required to return the passport to the father within seven (7) days of her return from overseas travel with the child.
Mother's Mental health
19. In the event that the mother is hospitalised (whether on a voluntary or involuntary basis) for treatment of her mental health she (whether personally or through a third party) shall take all steps to inform the father of the hospitalisation forthwith and as soon as practicable.
20. The mother is at liberty to provide a copy of these Orders to her treating health professionals.
Injunctions
Non-denigration
21. The mother and father are restrained by way of injunction from:
(a) Denigrating the other parent or the other parent's partner or family members in the presence or hearing of the child, and in the event that any third party is engaging in such conduct they shall take all steps to remove the child from the hearing of that person immediately; and
(b) Discussing these proceedings (including the content of any Court documents or allegations made by each party in these proceedings) with the child or in his presence.
Consuming illicit substance
22. The mother and father are restrained by way of injunction from consuming any illegal drugs or substances or permitting or authorising any other person from doing so whilst the child is in each party's care.
Calling other persons "mum" or "mummy"
23. The father is restrained from encouraging the child to refer to anyone other than the mother as "mum" or "mummy" or any other term for mother and from allowing any other person to encourage the child to do so.
Relocating Child's Residence
24. Each parent be restrained by injunction from relocating the child's residence with them further than fifty (50) kilometres from the residence of the other parent.
Information Sharing
25. This Order is an authority for the mother and father to obtain information from any treating medical practitioner, hospital and/or health care professional, daycare/preschool/school or extracurricular activity concerning the child.
26. The mother and father are at liberty to provide a copy of these Orders to the child's daycare/preschool/school and any treating medical practitioners or persons that the child may attend for therapy and/or counselling.
27. The father is at liberty to provide a copy of the judgment in these proceedings to any person that the child may attend upon for the purpose of counselling and/or therapy.
28. The mother and father are at liberty to provide a copy of the Orders and judgment in these proceedings to any person they may attend upon for the purpose of counselling and/or therapy.
Health and wellbeing
29. Upon the father making any specialist medical appointment for the child, the father shall:
(a) Inform the mother of the appointment, including the name of the treater and/or the Medical Practice;
(b) Provide the mother by email with a copy any referral letter and any documents provided by the referring doctor or specialist treater; and
(c) Take all steps to authorise the treater to provide to the mother directly all information in respect of the treatment.
30. The mother and father shall as soon as reasonably practicable or within twelve (12) hours advise the other parent, by the parenting app, of any medical condition, significant health issue or illness suffered by the child whilst in their care that required attendance upon a doctor or hospital.
31. In the event of an emergency or serious accident or illness, notice shall be given to the other parent within two (2) hours by telephone call. If the telephone call is not answered, the parent who the child is staying with on that night will send a text message to the other parent.
Communication
32. The mother and father shall communicate about issues relating to the child and parenting arrangements (except in the case of an emergency) via a parenting application, "Our Family Wizard", and if for whatever reason that application is no longer available, the mother and father are to communicate via an app and in a manner as nominated by the father.
33. The mother and father must advise the other in writing of any change of telephone number, mailing address or email address within twenty-four (24) hours of such change occurring.
34. The child be at liberty to telephone either parent at any reasonable time upon request, with the parent who has the care of the child to facilitate the telephone call to the other parent, and the child shall be afforded privacy to do so.
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
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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