FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Knight & Redding [2025] FedCFamC2F 670
File number(s): ADC 650 of 2024 Judgment of: JUDGE PARKER Date of judgment: 21 May 2025 Catchwords: FAMILY LAW – PARENTING – relocation – where Mother seeks to relocate with parties’ three year old child from Adelaide to Canberra – where both parties are committed and competent parents Legislation: Evidence Act 1995 (Cth) s 140
Family Law Act 1975 (Cth) ss 4, 4AB, 60CA, 60CC, 61DAA, 68B
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 8.15(3)(e)
Cases cited: A & A: Relocation Approach [2000] FamCA 751; (2000) FLC ¶93-035
AMS & AIF [1999] HCA 26; (1999) 199 CLR 160
B & B: Family Law Reform Act 1995 [1997] FamCA 33; (1997) FLC ¶92-755
Bennett & Bennett [2001] FamCA 462; (2001) FLC ¶93-088
Cubbin & Cutler [2018] FamCAFC 84
Flanagan & Handcock (2002) FLC ¶93-102
Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298
Mallory & Mallory [2022] FedCFamC1F 697
Masoud & Masoud [2016] FamCAFC 24; (2016) FLC ¶93-689
Morgan & Miles [2007] FamCA 1230; (2007) FLC ¶93-343
Murdock & Madden [2011] FamCAFC 219
Pickford & Pickford [2024] FedCFamC1A 249; (2024) FLC ¶94-230
Quintana & Konigsmann [2025] FedCFamC1A 30
Taylor v Barker [2007] FamCA 1246; (2007) FLC ¶93-345
U & U [2002] HCA 36; (2002) 211 CLR 238
Willmore & Menendez [2022] FedCFamC1A 73
Division: Division 2 Family Law Number of paragraphs: 270 Date of hearing: 5-8 May 2025 Place: Adelaide Counsel for the Applicant: Ms Lewis SC with Mr Siklich Solicitor for the Applicant: Angela Ferdinandy Pty Ltd Counsel for the Respondent: Ms Miller Solicitor for the Respondent: Resolve Divorce Lawyers ORDERS
ADC 650 of 2024 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS KNIGHT
Applicant
AND: MR REDDING
Respondent
ORDER MADE BY:
JUDGE PARKER
DATE OF ORDER:
21 MAY 2025
UPON NOTING THAT:
A.Pursuant to section 65DA(2) and section 62B of the Family Law Act 1975, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to an comply with an order are set out in Annexure A and the Fact Sheet from the Federal Circuit and Family Court attached hereto and these particulars are included in and form part of these orders.
THE COURT ORDERS THAT:
1.All previous parenting orders be discharged.
Decision-making responsibility
2.The parties have joint responsibility for decision-making with respect to major long-term issues for the child X born in 2021 (‘the child’).
Living arrangements
3.The child live with the Mother.
4.The Mother be at liberty to relocate the child’s primary place of residence to Canberra, Australian Capital Territory, from no earlier than June 2026.
Time with each party
5.The child spend time with the Father from the date of these orders until June 2026 as follows:
(a)From the…
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CaseChat Overview and Summary
The court carefully considered the best interests of the child, including the importance of maintaining a meaningful relationship with both parents. Judge Parker concluded that the Mother could relocate to Canberra but not until June 2026 to allow the child to establish a stable routine and relationships in Adelaide. The court set out detailed arrangements for the child’s time with each parent, taking into account their respective schedules and the child's school term and holidays. Special provisions were made for significant events such as Christmas, Easter, and the child’s birthday. The court also outlined communication requirements, travel costs, and health-related information sharing between the parties. Furthermore, the court imposed restrictions on the parents' behaviour towards each other and prohibited the discussion of certain topics with the child. The court further addressed international travel, allowing the parties to take the child out of Australia for two weeks annually from 2029/2030, provided they met specific notice and documentation requirements.
In conclusion, the court discharged all previous parenting orders and established new arrangements that balance the needs of the child with the rights and responsibilities of both parents, aiming to facilitate a harmonious co-parenting relationship.
Orders
Orders of the court
ADC 650 of 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS KNIGHT
Applicant
AND:
MR REDDING
Respondent
ORDER MADE BY:
JUDGE PARKER
DATE OF ORDER:
21 MAY 2025
UPON NOTING THAT:
A. Pursuant to section 65DA(2) and section 62B of the Family Law Act 1975, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to an comply with an order are set out in Annexure A and the Fact Sheet from the Federal Circuit and Family Court attached hereto and these particulars are included in and form part of these orders.
THE COURT ORDERS THAT:
1. All previous parenting orders be discharged.
Decision-making responsibility
2. The parties have joint responsibility for decision-making with respect to major long-term issues for the child X born in 2021 (‘the child’).
Living arrangements
3. The child live with the Mother.
4. The Mother be at liberty to relocate the child’s primary place of residence to Canberra, Australian Capital Territory, from no earlier than June 2026.
Time with each party
5. The child spend time with the Father from the date of these orders until June 2026 as follows:
(a) From the date of these orders, on a fortnightly basis as follows:
(i) In week 1:
A. From 3:00pm until 6:00pm on Wednesday; and
B. From 2:00pm on Friday until 5:00pm on Saturday;
(ii) In week 2:
A. From 3:00pm until 6:00pm on Wednesday; and
B. From 2:00pm on Friday until at 8:00am on Sunday.
(b) From December 2025, on a fortnightly basis as follows:
(i) In week 1, from 2:00pm on Wednesday until 6:00pm on Friday;
(ii) In week 2:
A. From 2:00pm until 6:00pm on Monday; and
B. From 2:00pm on Friday until 5:00pm on Sunday.
(c) From April 2026, on a fortnightly basis as follows:
(i) In week 1, from 2:00pm on Wednesday until 6:00pm on Thursday;
(ii) In week 2:
A. From 2:00pm until 6:00pm on Monday; and
B. From 2:00pm on Friday until 8:00am on Monday.
6. From June 2026, if the Father and the child reside in different cities, the child spend time with the Father in a four-week cycle as follows:
(a) In week one, in Adelaide, from 3:00pm on Friday to 3:00pm on Sunday;
(b) In week three, in Canberra, from the conclusion of school or 3:00pm on Friday to the commencement of school or 8:00am on Monday; and
(c) For an additional weekend in Canberra in any given calendar month should the Father become available to do so, from the conclusion of school or 3:00pm on Friday to the commencement of school or 8:00am on Monday, upon the provision by the Father of no less than 21 days’ written notice to the Mother.
7. From June 2026, if the Father and the child reside in the same city, the child spend time with the Father as follows:
(a) Each alternate weekend, from the conclusion of school or 3:00pm on Friday until the commencement of school or 9:00am on Monday; and
(b) Each intervening week, from the conclusion of school on Wednesday until the commencement of school on Thursday.
School holidays
8. Irrespective of whether the Father and the child reside in the same city, the child spend time with each of the parties during school holidays (with time with the Father to take place in the city of the Father’s residence, subject to provisions for travel otherwise outlined in these orders), as follows:
(a) During the term 3, 2026 school holidays, the child’s regular fortnightly time with the Father be extended to a block of four consecutive nights and the regular time provided for in these orders otherwise continue;
(b) During the long summer holidays in 2026/2027, the child’s regular fortnightly time with the Father be extended to a block of four consecutive nights on two separate occasions and the regular time provided for in these orders otherwise continue;
(c) During the each of the school term holidays in 2027, the child’s regular fortnightly time with the Father be extended to a block of five consecutive nights and the regular time provided for in these orders otherwise continue;
(d) During the long summer holidays in 2027/2028, the child spend a block of six consecutive nights with the Father during each alternate week and the child otherwise remain in the care of the Mother; and
(e) Thereafter, the child spend half of each school holiday period with each parent, such time to be undertaken on a week-about basis during each long summer holiday period.
9. From the 2029/2030 long summer school holidays, the parties shall each be at liberty to suspend the time the child spends with the other during the long summer holidays in order to take a two-week block of time with the child for the purpose of travel upon the provision of no less than 28 days’ notice to the other parent PROVIDED THAT such time does not interfere with the time the other parent would otherwise be spending with the child for any special occasion pursuant to these orders.
Special occasions
10. Irrespective of whether the child and the Father reside in the same city and irrespective of the terms of any other order herein, the child spend time with the parties for Christmas as follows:
(a) In 2025 and each alternate year thereafter, the child shall spend time with the Mother from 10:00am on 23 December until 4:00pm on Boxing Day; and
(b) In 2026 and each alternate year thereafter, the child shall spend time with the Father from 10:00am on 23 December until 4:00pm on Boxing Day.
11. Irrespective of whether the child and the Father reside in the same city and irrespective of the terms of any other order herein, the child spend time with the parties for Easter as follows:
(a) With the Mother in even-numbered years from 6:00pm on Good Friday to 2:00pm on Easter Monday; and
(b) With the Father in odd-numbered years from 6:00pm on Good Friday to 2:00pm on Easter Monday.
12. The child otherwise spend time with each of the parents for special occasions as follows:
(a) For each of Mother’s Day and Father’s Day, if the child would not otherwise be in the care of the relevant parent, that parent be at liberty, upon the provision of 14 days’ notice to the other parent, to swap the weekend in question with another proximate weekend when the child would otherwise be in their care, so as to facilitate him being in their care on the relevant day; and
(b) For each of the parents’ birthdays, if the child would otherwise be in the same city as the relevant parent, he spend time with that parent from 5:00 pm on the day prior to the birthday until 9:00 am the day following the birthday, and he otherwise communicate with that parent by Facetime on the birthday; and
(c) For the child’s birthday:
(i) if the parties are in the same city (irrespective of whether they reside in the same city), the child spend time with the parent in whose care he would not otherwise be, from the conclusion of school until 7:00pm if a school day, and from 2:00pm until 9:00am the following day if not a school day; and
(ii) if the parties are not in the same city, the child communicate with the parent with whom he is not spending time by Facetime.
Other arrangements for time
13. The child spend such further and other time with each of the parties as may be agreed between the parties in writing.
14. In the event that either party is unable to care for the child during their respective periods pursuant to these orders, for a period of or exceeding five nights, then the other party is to be given first option to care for the child, PROVIDED THAT:
(a) if such time occurs during school term time, the child shall be cared for in his city of residence; and
(b) any time spent by the child in the care of the Father pursuant to this order shall not exceed the greatest number of consecutive nights that has otherwise been spent by the child in the care of the Father prior to such time taking place.
Communication
15. The child have Facetime communication with the Father each Tuesday at 5:15pm (Adelaide time) or such other time that the parties may agree in writing.
BY CONSENT:
16. The parties ensure that, in addition to the child’s regular Facetime communication with the Father, the parties each facilitate the child communicating with the other parent (including but not limited to telephone or text message) at any other time the child expresses a wish to do so.
Handovers
17. Handovers which do not take place at the child’s childcare, kindergarten, or school shall take place as follows:
(a) At all times when the child and the Father do not reside in the same city, at the airport in the city in which the time is taking place;
(b) During any period where the child resides in Adelaide, at B Venue;
(c) Otherwise at a location agreed between the parties in writing; and
(d) Both parties are at liberty to have an agent attending on their behalf provided that that person is known to the child.
Costs of travel
18. During any period when the child resides in Canberra and the Father resides in Adelaide, the cost of travel shall be met as follows:
(a) During usual school term time:
(i) The Mother cover any and all costs associated with her travel and the child’s travel to Adelaide to spend time with the Father; and
(ii) The Father cover any and all costs associated with his travel to Canberra.
(b) During school holiday periods and for special occasions the Mother shall pay the cost of the child’s travel to Adelaide, and the Father shall pay the cost of the child’s return travel to Canberra.
Provision of information
19. Each party keep the other informed of:
(a) Their current residential address, mobile and landline telephone numbers and any available email addresses and advise the other party of any change thereto within seven (7) days of such change.
(b) The names and addresses of any treating medical or other health practitioners who treat the child and authorise that practitioner to provide the other party with all information they are lawfully able to provide about the child.
(c) Any extra-curricular activities the child may be involved in, including details of the activity and contact details of the facilitators.
20. In the event of injury, illness or hospitalisation, the parties shall notify each other as follows:
(a) Each party inform the other forthwith by SMS message to the other’s mobile phone in the event of any serious accident, injury, or illness suffered by the child and of all and any medical or other treatment received by him or recommended to him by any health practitioner (including but not limited to any prescription of medication), with each party to be at liberty to visit during any periods when the child may be hospitalised; and
BY THE COURT:
(b) In the event that the child is taken to hospital and/or admitted to hospital, each party inform the other by way of telephone call, and in the event the call is unanswered, by SMS message as soon as practicable.
BY CONSENT:
Injunctions
21. The parties each be restrained by way of injunction from:
(a) Abusing, insulting, belittling, rebuking, or otherwise denigrating the other party, their partner, or any member of their family to or in the presence of the child, or allowing any other person to do so;
(b) Discussing with the child these proceedings, child support, any allegations made in the proceedings or any matter of an adult nature likely to place upon him a loyalty demand, including any aspect of his preference with regards to where he shall live, and/or what contact he has with the other parent, or allowing any other person to do so; and
(c) Consuming any illicit substances or alcohol in excess of the legal driving limit of 0.05 whilst the child is in their care.
Miscellaneous
22. Each party shall:
(a) Be at liberty to communicate with and obtain any information or direction concerning the child’s physical and/or mental health and welfare from any general medical practitioner, specialist medical practitioner, psychologist, psychiatrist, counsellor, social worker, and/or other health professional and this order be authority to any said medical practitioner or professional upon whom the child attends to provide to the parties all information they may request with respect to the child and copies of any reports arising; and
(b) Be at liberty to receive or obtain at their own costs any reports, notices, photographs, and any other item or information that is usually provided to parents by any school, education institute, sporting body or extra-curricular activity in which the child may be enrolled or attending and each party authorises by this order any education or extracurricular facility attended by the child to give each party information about the child’s education or extracurricular progress and supply them with copies of reports, photographs, certificates and award obtained by the child (at the requesting party’s expense).
23. Each party by this order authorises:
(a) Any education or extracurricular facility attended by the child to give each party information about the child’s education or extracurricular progress and other related activities and supply them with copies of reports, photographs, certificates and awards obtained by the child (at the requesting party’s expense); and
(b) Any doctor or medical specialist upon whom the child attends to provide to the parties all information they may request with respect to the child and copies of any reports arising.
24. Each party be at liberty to attend all school functions and school sport and related extracurricular activities and events to which parents are ordinarily invited to participate in and/or attend, including but not limited to the child’s first day of school each year, sports days, sporting events, school concerts, school plays, quiz nights, school fund raisers, classroom visits, parent teacher interviews, school excursions and to extend to extracurricular activities regardless of the organising party.
25. Each party give the other at least 21 days’ notice or as much notice as is reasonably practicable in circumstances of emergency in writing, by email, of their intention to take the child more than 200 kilometres out of the area of his residence, and provide by email an itinerary and particulars of the name and address of the location at which he will be staying out of the state, with such travel not to coincide with Christmas Eve, Christmas Day, and the parents’ and child’s birthdays, unless the travelling parent has care of the child on those occasions pursuant to these orders.
26. The parties re-engage with Ms C, psychologist, for the purpose of family therapy at such times and for such duration as directed by Ms C.
BY THE COURT:
International travel
27. That from the 2029/2030 long summer school holidays, the parties each be at liberty to take the child outside the Commonwealth of Australia for a 14 day period each year subject to the following:
(a) As far as practical the occasion on which the parties take the child out of Australia coincide with school holiday periods;
(b) The travelling party will give the non-travelling party as much notice as possible of the travelling party’s intention to take the child out of Australia and no less than twenty-eight (28) days written notice of such intention;
(c) The travelling party provide the non-travelling party an itinerary and certified copies of paid return airline tickets to include the departure and return dates, the country or countries to which the travelling party and the child will travel, the approximate dates on which the child will arrive and depart each country and a telephone number and address at which the travelling party and the child can be contacted in each country;
(d) In the event the child does not have a valid Australian Passport at the time of travelling, the parties shall do all things, including providing the other party with any of the child’s original documents required for the purpose of obtaining a Passport, and sign all documents necessary to obtain an Australian Passport at the travelling party’s sole cost and expense.
Other
28. All extant applications are otherwise dismissed.
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
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Ratio Decidendi
Legal Principle Established
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