FAMILY COURT OF AUSTRALIA
| KNIGHT & KNIGHT | [2016] FamCA 1085 |
| FAMILY LAW – PARENTING – RELOCATION – Children – Where mother seeks to relocate from the central west of NSW to the central coast of NSW with the three children – Where parental relationship conflictual – Where children have significant social capital in their present town and its rural environment – Where both parents significantly involved in the children’s day to day lives and activities – Where consideration as to the best interests of the children – Where best interests should be as to all of the children not just one of the children – Where not in best interest to allow relocation – Where older children have wishes as to time with the father – Where such wishes should be given some weight in the circumstances – Where father has rigid parenting and personality style – Where appropriate for children to continue with family therapy as needed. |
| Family Law Act 1975 (Cth) ss 60B , 60CA, 60CC. 60CC(2), 60CC(2)(a), 60CC(2)(b), 60CC(3), 61DA, 61DA(2), 61DA(4), 65DAA, 65DAA(6), |
| AMS and AIF (1999) 24 Fam LR 756 |
| APPLICANT: | Ms Knight |
| RESPONDENT: | Mr Knight |
| FILE NUMBER: | DUC | 225 | of | 2015 |
| DATE DELIVERED: | 19 December 2016 |
| PLACE DELIVERED: | Parramatta |
| PLACE HEARD: | Dubbo |
| JUDGMENT OF: | Foster J |
| HEARING DATE: | 7, 8 and 9 November 2016 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Ms De Vere |
| SOLICITOR FOR THE APPLICANT: | Osborne Legal |
| COUNSEL FOR THE RESPONDENT: | Ms Christie |
| SOLICITOR FOR THE RESPONDENT: | Dobinson Davey Clifford Simpson |
Orders
That the mother and father have equal shared parental responsibility for the children B born … 2003, C born … 2005 and D born … 2007.
That the children live with the mother.
That the mother be and is hereby restrained from relocating the residence of the children from the E Town, NSW area.
That the children spend time with the father as agreed in writing between the mother and father such writing to include SMS or email communication and in default of agreement as follows:
(a)As to the child D during school term each alternate week commencing from after school Monday and concluding before school the following Monday with such week to commence in the first week of each school term during such period as the child continues to attend school in J Town and upon the child commencing school in E Town then during school term each alternate weekend from after school Friday to before school Monday commencing on the first weekend of each school term.
(b)As to the child C during school term each…
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- AGLC
- Knight & Knight [2016] FamCA 1085
- Case
- [2016] FamCA 1085
- Decision Date
CaseChat Overview and Summary
The court was required to determine the extent of equal shared parental responsibility, where the children would live, whether the mother should be restrained from relocating the children, and the specific terms of the children's time with the father, including during school terms and holidays. Further issues included arrangements for changeovers, the involvement of a psychologist, international travel, attendance at significant occasions, and ongoing communication and notification protocols between the parents.
Foster J ordered that the mother and father have equal shared parental responsibility for the children. The children were to live with the mother, who was restrained from relocating them from the E Town, NSW area. Specific provisions were made for the children to spend time with the father, detailing alternate weekends and holiday periods, with considerations for the children's ages and wishes, particularly for the eldest child, B. The orders also mandated ongoing engagement with a psychologist, facilitated communication between parents and children, and notification of significant events such as medical attention or travel plans.
Orders
Orders of the court
1.
That the mother and father have equal shared parental responsibility for the children B born … 2003, C born … 2005 and D born … 2007.
2.
That the children live with the mother.
3.
That the mother be and is hereby restrained from relocating the residence of the children from the E Town, NSW area.
4.
That the children spend time with the father as agreed in writing between the mother and father such writing to include SMS or email communication and in default of agreement as follows:
(a) As to the child D during school term each alternate week commencing from after school Monday and concluding before school the following Monday with such week to commence in the first week of each school term during such period as the child continues to attend school in J Town and upon the child commencing school in E Town then during school term each alternate weekend from after school Friday to before school Monday commencing on the first weekend of each school term.
(b) As to the child C during school term each alternate weekend from after school Friday to before school Monday commencing on the first weekend of each school term.
(c) As to the child B during school term each alternate weekend from after school Friday to before school Monday commencing on the first weekend of each school term provided always that the mother and father shall have due regard as to the child’s reasonably expressed wishes as to spending other or further time with the father.
(d) As to all of the children for the first half of each midyear school holiday period in each odd numbered year and the second half in each even numbered year commencing in odd numbered years at 9.00am on the first Saturday of such period and concluding in even numbered years at 6.00pm on the day before the resumption of school term.
(e) As to all of the children during the Christmas school holidays for the first one half of each such school holiday period in each odd numbered year and the second half in each even numbered year commencing in odd numbered years at 9.00am on the first Saturday of such period and concluding in even numbered years at 6.00pm on the day before the resumption of school term with the midpoint to be at 6.00pm on the day closest to the midpoint day.
(f) On the Father’s Day weekend from after school Friday to before school Monday if not otherwise spending time with the father provided always that the children’s time with the father is suspended on the Mother’s Day weekend.
5.
That for the purposes of the children’s time with the father where changeovers are not at school such changeovers shall be as agreed in writing between the mother and father such writing to include SMS or email communication and in default of agreement at the F Town Café.
6.
That the mother and father shall do all things necessary to continue the engagement of the children and themselves as appropriate with Ms G, Psychologist or such other health professional as reasonably recommended by Ms G and ensure that the children attend all appointments made by Ms G for them or any of them and that the mother and father have due regard to the recommendations and advice of Ms G as to the children’s time with each of them or the children’s wishes as to any issue significant to their welfare as expressed by the children or any of them to Ms G or other health professional reasonably recommended by her.
7.
That both the mother and father are at liberty to travel with the children overseas at times that the children are to be with each of them provided that they shall provide to the other details of any flight bookings and travel arrangements not less than one calendar month before departure and provide to the other details of arrangements for the children to have reasonable telephone or other electronic communication with the other parent whilst away.
8.
That both the mother and father are at liberty to attend on occasions significant to the welfare of the children including occasions relating to school and education, sport, extracurricular activities, religious education or events and other occasions significant to the welfare of the children.
9.
That the parent with whom the children are with shall at all times facilitate the children and each of them having reasonable telephone or other electronic communication with the other parent.
10.
That the mother and father shall promptly inform the other by phone or other electronic communication in the event that any of the children requiring medical attention while in their respective care.
11.
That the mother and father shall ensure they provide to the other details of their mobile and landline phone numbers and email address and promptly inform the other of any change to same within 24 hours of such change.
Note: The form of the order is subject to the entry of the order in the Court’s records.
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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