Korrapati & Mishra
[2023] FedCFamC1F 735
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
FIRST INSTANCE
Korrapati & Mishra [2023] FedCFamC1F 735
File number(s): BRC 1145 of 2020 Judgment of: CAREW J Date of judgment: 25 August 2023 Catchwords: FAMILY LAW – UNDERTAKING – Where the applicant seeks to be relieved of an undertaking to return to Australia from Country C for family report interviews and trial – Where the applicant contends she is unable to afford to return and may lose her job if required to do so – Where the respondent agrees to meet the necessary costs for flights and accommodation at first instance – Where the family report can be organised such that the mother will only be required to return to Australia once for the family report interviews and the trial – Where the applicant does not oppose the respondent spending time with the children upon their arrival in Australia
FAMILY LAW – INTERIM PROPERTY – Where the respondent opposes any interim payment due to fear that, should she receive such payment, the applicant will not return to Australia – Where, in circumstances where there is no up to date financial information of the parties, the Court is unable to make an order for interim payment – Where the applicant seeks an order for the respondent to transfer the sum of $436,740 from multiple overseas bank accounts to the applicant’s trust account – Where it is not possible to make findings about contested facts at an interim hearing
FAMILY LAW – DISCLOSURE – Where the applicant contends the respondent has failed to disclose particular documents – Where the respondent contends he has largely disclosed all documents sought by the applicant, but does not oppose an order in terms of paragraph 8 and 9 of the applicant’s application
Legislation: Family Law Act 1975 (Cth) s 79 Number of paragraphs: 24 Date of hearing: 24 August 2023 Place: Brisbane For the Applicant: Litigant in person For the Respondent: Litigant in person Solicitor for the independent children’s lawyer: Wallace Perkins Family Law ORDER
BRC 1145 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS KORRAPATI
Applicant
AND: MR MISHRA
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
CAREW J
DATE OF ORDER:
25 AUGUST 2023
THE COURT ORDERS THAT:
1.The trial of this matter is listed for final hearing before the Honourable Justice Carew at 10.00 am on 13 May 2024 for a period of up to five days with both parties to attend the hearing in person.
2.The Independent Children’s Lawyer (“ICL”) is requested to take all necessary steps to organise the preparation of a family report with interviews to take place in person (and not before the children X born 2012 and Y born 2014 have spent at least five days with the respondent) and to ensure the release of the family report to the parties by no later than 7 May 2024.
3.The applicant shall travel to Australia with the children arriving no later than 15 April 2024.
4.The respondent shall arrange and pay for the air fares for the children and the applicant from Country C to Australia and to organise and pay for independent accommodation suitable for the applicant and children while they are in Australia as required by this Order.
5.Upon the applicant’s arrival in Australia with the children, the applicant shall surrender the children’s passports to the ICL who is requested to forthwith provide the passports to a Senior Registrar of the Federal Circuit and Family Court of Australia (Division 1) for safekeeping until released by order of this Honourable Court.
6.The respondent shall collect the children from the applicant on the day following their arrival in Australia (or at such other time as may be agreed in writing between the parents) and the children shall remain in the care of the respondent (at all such times as may be agreed in writing between the parents) but failing agreement for the following five days and nights before returning them to the applicant for the following two days and nights whereupon the respondent shall again collect the children from the applicant and the children shall remain in the care of the respondent for the following five days and nights before returning them to the applicant for the following two days and nights, with such arrangement to continue until reviewed by this Honourable Court on 13 May 2024.
7.When the children are spending time with the respondent in Australia pursuant to this Order, the respondent shall facilitate the children communicating with the applicant via FaceTime each alternate day at 5.00pm.
8.Until further Order, the applicant is restrained from:
(a)denigrating the respondent in the presence or hearing of the children;
(b)discussing the issues in dispute in these proceedings and in particular from discussing where the children will be living after the conclusion of the proceedings;
(c)recording any conversations with the respondent;
(d)recording any conversations with the children.
9.Until further order, the respondent is restrained from:
(a)denigrating the applicant in the presence or hearing of the children;
(b)discussing the issues in dispute in these proceedings and in particular from discussing where the children will be living after the conclusion of the proceedings;
(c)recording any conversations with the applicant;
(d)recording any conversations with the children.
10.In the event the respondent travels to Country C prior to 15 April 2024, the applicant shall facilitate the children spending time with the respondent at all such times as may be agreed but failing agreement, from 11.00am to 2.00pm each Saturday and Sunday for four consecutive weekends in the presence of the applicant and if the respondent remains in Country C after that time then from 11.00am to 2.00pm each of the Saturday and Sunday of the sixth weekend.
11.The respondent’s time with the children in Country C as provided for in paragraph 10 of this Order shall occur on a maximum of two occasions before 15 April 2024 and the respondent is at liberty to be accompanied by his mother and brother during the time he spends with the children.
12.During the respondent’s time with the children in Country C, as provided for in paragraph 10 of this Order, he shall take all necessary steps to ensure that his mother and brother do not denigrate the mother or say or do anything to incite any conflict in the presence of the children and if either his mother or brother do so, the father shall immediately take all reasonable steps to remove his mother and/or brother from the vicinity and shall instruct them not to return.
13.The applicant shall prepare and send to the respondent within 14 days, a draft letter of joint instruction to D Valuers (whom the respondent elected from the panel of valuers listed in paragraph 8 of the Order made on 8 March 2023) to prepare a valuation for the following properties:
(a)E Street, City B (City B Property); and
(b)F Street, City G (F Street Property); and
(c)H Street, Suburb J, City G, Region K (Suburb J Property).
14.The respondent may include any additions to the draft letter of joint instruction and shall return it to the applicant within 14 days after receiving the letter.
15.The applicant shall send the joint letter of instruction (incorporating any additions to the letter inserted by the respondent) to D Valuers within 7 days of it being returned to the applicant.
16.The respondent is to prepare and send to the applicant within 14 days a draft letter of joint instruction to L Pty Ltd (whom the respondent elected from the panel of valuers listed in paragraph 5 of the Application in a Proceeding filed by the applicant on 16 May 2023), to prepare a valuation of the respondent’s business known as M1 Pty Ltd.
17.The applicant may include any additions to the draft letter of joint instruction and return it to the respondent within 14 days after receiving the letter.
18.The respondent shall send the joint letter of instruction (incorporating any additions to the letter inserted by the respondent) to L Pty Ltd within 7 days of it being returned to the respondent.
19.The respondent is to promptly provide all documents and information that may be requested by L Pty Ltd for the purpose of the valuation being completed.
20.The applicant and respondent are each required to pay one half of L Pty Ltd’s costs for the preparation of the valuation.
21.The respondent provide to the applicant within 14 days, the following documents:
(a)All financial documents from 1 January 2017 to date including all bank statements (in Australia and Country C) to date in relation to:
(i)Mr Mishra;
(ii)M2 Pty Ltd;
(iii)M1 Pty Ltd;
(iv)P Pty Ltd.
(b)All bank statements of N Unit Trust from 1 January 2017 to date;
(c)Last five years lodged copies from Tax Agent Portal for:
(i)Mr Mishra (along with Notices of Assessment);
(ii)M2 Pty Ltd;
(iii)M1 Pty Ltd;
(iv)P Pty Ltd; and
(v)N Unit Trust.
(d)Financial Statements for:
(i)M2 Pty Ltd – for the financial years of 2018, 2019, 2020, 2021 and 2022;
(ii)M1 Pty Ltd – since commencement;
(iii)P Pty Ltd – for the financial years of 2018, 2019, 2020, 2021 and 2022;
(iv)N Unit Trust – for the financial years of 2018, 2019, 2020, 2021 and 2022.
(e)Business Activity Statements (“BAS”) (copies from Tax Agent portal) of the respondent, P Pty Ltd, N Unit Trust and M2 Pty Ltd for the financial years of 2018, 2019, 2020, 2021, 2022 and 2023;
(f)BAS (copies from Tax Agent portal) of M1 Pty Ltd;
(g)A copy of ATO integrated client account and income tax account for the last five years for the following:
(i)Mr Mishra;
(ii)M2 Pty Ltd;
(iii)M1 Pty Ltd;
(iv)P Pty Ltd;
(v)N Unit Trust.
(h)Bank statements of any new bank accounts in which the respondent or any of the above entities have interest in Australia or Country C.
22.The respondent provide to the applicant within 14 days, the following documents:
(a)ATO pre-filling reports of Mr Mishra for the financial years 2020, 2021 and 2022;
(b)Statements of Q Bank Money Transfer Service Country C, R Money Transfer Service, S Money Transfer Service, T Money Transfer Service or of any other platform used to transfer monies overseas;
(c)ATO lodged copies of tax returns for the financial years 2020, 2021, 2022 of P Pty Ltd;
(d)ATO lodged copy of tax return for the financial years 2021 and 2022 of M2 Pty Ltd;
(e)Country C tax returns (lodged copies) of Mr Mishra for the last five years;
(f)Country C tax form … of Mr Mishra for the last five years;
(g)Original downloaded bank statements of the following business bank accounts in CSV and pdf file format, placed in chronological sequence:
(i)V Bank (BSB … Acc …74) for the period 1 January 2017 to date;
(ii)ANZ (BSB … Acc …94) for the period 1 January 2017 to date.
23.The applicant shall, within 14 days of the date of this Order, provide a copy of the lease relating to a commercial property in Country C previously occupied by her now deceased father.
24.Paragraph 7 of the Order made on 12 March 2020 be amended by substituting “Monday” for “Saturday”.
25.Any outstanding interim applications are otherwise dismissed.
IT IS FURTHER ORDERED THAT:
Court fees
26.The applicant pay the setting down and hearing fee by 4.00pm on 15 April 2024 unless a fee exemption application has been approved beforehand.
Filing material
27.The applicant file and serve any amended application and one affidavit of evidence in chief of herself and of any witness upon which she intends to rely and an updated financial statement by no later than 4.00pm on 15 April 2024.
28.The respondent file and serve any amended response and one affidavit of evidence in chief of himself and of any witness upon which he intends to rely and an updated financial statement by no later than 4.00pm on 22 April 2024.
29.The independent children’s lawyer file and serve any material upon which she intends to rely by no later than 4.00pm on 15 April 2024.
30.Any affidavit by the applicant strictly in reply be filed and served no later than 4.00pm on 29 April 2024.
31.In the event that a party (including the independent children’s lawyer) refers to a document within the body of an affidavit of evidence in chief, any such document is not to be annexed to the said affidavit, unless it is a report by a single expert or treating practitioner, but is to be included in an indexed and paginated folder (including a reference to the paragraph number within any affidavit where the document is mentioned) and provided to the other party (including the independent children’s lawyer) at the time of service of the affidavit AND a copy of the folder should be available to be tendered, if required, by forwarding an electronic copy of the bundle, which is to be paginated to reflect the electronic page numbering, to …@... prior to the commencement of trial.
32.Each party including the independent children’s lawyer file and serve a case summary document no later than 4.00pm on 8 May 2024, including a chronology; list of applications or responses and affidavits to be relied upon at trial; list of any witnesses proposed to be called at trial pursuant to subpoena; and a summary of argument with any authorities relied upon.
Subpoena
33.Upon leave being granted to inspect any documents produced to this Honourable Court pursuant to subpoena each party is to arrange a time with the Registry to inspect all such documents (including any recordings) as soon as reasonably practicable.
34.After inspection of any documents produced to this Honourable Court pursuant to subpoena, the applicant and respondent shall each provide to the independent children’s lawyer a detailed list of any documents (sufficient to enable the independent children’s lawyer to identify the document) requested by them to be included in a bundle of documents to be tendered at trial by consent no later than 4.00pm on 1 April 2024. The independent children’s lawyer is requested to then provide a proposed index of any documents to be included in the tender bundle to the parties by no later than 4.00pm on 15 April 2024 and at trial, have available to tender, any bundle indexed and paginated, with the page numbering to reflect the electronic page numbering, by emailing a copy of the electronic bundle prior to the commencement of trial to …@....
Disclosure
35.Pursuant to Chapter 6 of the Rules each party must comply with their ongoing duty to give full and frank disclosure of all information and documents (including recordings) relevant to an issue in the case, in a timely manner.
36.Pursuant to r 6.02 of the Rules each party must file and serve a written notice:
(a)Stating that the party:
(i)Has read Parts 6.1 and 6.2 of the Rules; and
(ii)Is aware of the party’s duty to the Court and each other party (including the independent children’s lawyer) to give full and frank disclosure of all information relevant to the issues in the case, in a timely manner;
(b)Undertaking to the Court that, to the best of the party’s knowledge and ability, the party has complied with, and will continue to comply with, the duty of disclosure; and
(c)Acknowledging that a breach of the undertaking may be contempt of Court.
And the undertaking as to disclosure for each party should be filed with the Court prior to the commencement of trial and a sealed copy served up each other party.
Costs Disclosure
37.Not less than one (1) day before the trial, an independent children’s lawyer must give to the Court and each party a written statement of the actual costs incurred by the independent children’s lawyer up to and including the trial by filing the costs notice with the Court and serving a sealed copy upon the other parties.
Joint Trial Balance Sheet
38.The applicant provide to the respondent no later than 4.00pm on 15 April 2024 a draft Joint Trial Balance Sheet setting out the asset pool contended for by the applicant including assets, liabilities and financial resources and their asserted value and the respondent by no later than 4.00pm on 22 April 2024 shall insert into that Balance Sheet the respondent’s contentions as to the asset pool including assets, liabilities and financial resources and their asserted value and return the Joint Trial Balance Sheet to the applicant no later than 4.00pm on 3 May 2024.
39.In relation to any issue or dispute in the completed Joint Trial Balance Sheet the parties are to footnote their reason for their contention and the reference to the evidence that supports their contention.
40.The applicant is to cause the completed Joint Trial Balance Sheet to be forwarded to the Court for filing by no later than 4.00pm on 8 May 2024.
Compliance Hearing
41.The matter is listed before the Judicial Registrar for a Compliance Hearing at 10.00am on 30 April 2024, by Microsoft Teams, at which time all parties including the independent children’s lawyer should be able to inform the Court of the name of Counsel briefed to appear at trial.
Amendment of trial directions
42.If any of the parties require these trial directions to be amended, that party may make an application to do so on the giving of seven (7) days’ notice in writing to each other party.
43.If any of the parties at any stage forms the view that the matter may not be ready to proceed to trial on the allocated dates, or may require a longer time for hearing than the allocated dates, or may require a shorter time for hearing than the allocated dates that party must contact the Case Manager by email to …@... on notice to the other parties to seek that the matter be urgently relisted.
THE COURT NOTES THAT:
A.The applicant continues to be bound by her undertaking provided on 12 March 2020.
B.Save for the variation to paragraph 7 of the Order made on 12 March 2020 by paragraph 24 of this Order, the terms of that Order remain binding on the parties.
C.The costs incurred by the respondent in paying for air fares and accommodation for the applicant and the children in Australia may be a matter taken into account at trial and the applicant may be ordered to reimburse the respondent for part of those costs.
D.The respondent has agreed to immediately recommence the payment of child support to the applicant at the maximum amount he can reasonably afford.
E.The applicant has agreed to the respondent spending time with the children in Country C as provided for in this Order.
F.Although the property described as H Street, Suburb J, City G, Region K has been sold it is nevertheless required to be valued because the applicant contends it was sold at an undervalue. It is acknowledged that the usual process of inspection of the property may not be able to be undertaken in the circumstances.
G.Pursuant to paragraph 10 of the order made on 8 March 2023, the applicant and respondent are required to each pay one half of D Valuers’ fees.
H.The requirement for the applicant to provide a copy of a lease for the commercial property in Country C previously occupied by her now deceased father was agreed to by her in circumstances where she denies the respondent’s allegation that her father owned the property and that she inherited it.
THE COURT FURTHER NOTES:
I.There is no Court by the name “Federal Circuit and Family Court of Australia”. This Court was formerly known as the Family Court of Australia and is now known as the Federal Circuit and Family Court of Australia (Division 1).
J.The design of the seal affixed to this Order issued by the Federal Circuit and Family Court of Australia (Division 1) was determined by the Attorney-General pursuant to the undated Federal Circuit and Family Court of Australia (Seal) Determination 2021 signed by the Attorney-General.
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.
IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
CAREW J:
There are pending parenting and property proceedings in this Honourable Court between Ms Korrapati, the applicant, and Mr Mishra, the respondent. The applicant and respondent were married but separated in 2017. The applicant and the two children of the marriage live in Country C. The respondent lives in Australia and has not spent any time with the children since March 2020. The respondent has maintained contact with the children by FaceTime communication every week.
The interim matters for my consideration include the following:
(a)Whether the applicant should be required to abide by her undertaking given in March 2020 to return to Australia with the children for the purposes of Court hearings and interviews for a family report;
(b)Whether the respondent should pay for the costs associated with that travel, if it occurs;
(c)Whether the respondent should pay a sum of money to the applicant by way of interim property settlement;
(d)Whether particular disclosure orders should be made against the respondent;
(e)If the applicant does travel to Australia what time the children should spend with the respondent.
BRIEF BACKGROUND
The applicant is 41 years of age and a finance professional in Country C. The respondent is 43 years of age and a finance professional in Region U in Australia. The parties married in 2008 and separated in 2017. Both are Australian citizens although originally from Country C.
The parties have two children. X was born in 2012 and Y was born in 2014. The children were born in Australia. The family returned to live in Country C in 2014.
The father returned to live in Australia in 2016. The father spent time with the children in Country C on a number of occasions between 2016 and 2019. In December 2019 the father brought the children to Australia. The father contends he did so with the mother’s knowledge and consent but the mother contends the children were abducted.
The mother commenced proceedings in Australia on 9 February 2020 by filing an Initiating Application in the Federal Circuit Court of Australia (as that court was then called). The proceedings were transferred to this Court on 12 March 2020 upon the making of the interim order.
The interim order provided for the children to live with the mother and, by consent, for her to be “permitted” to return to Country C with the children.
The order was made upon the mother’s undertaking in the following terms:
A. [The mother] will participate in the parenting and property proceedings BRC1445/2020 … in every respect and until final determination, or order by agreement of the Federal Circuit Court of Australia, or the Family Court of Australia, by, including but not limited to:
(i) Attending in person for all Court hearings (save for directions / procedural hearings where she is permitted to attend by telephone or video or any other hearing with leave of the Court).
(ii)Personally attending, with the children, for any Family Report interviews in Australia.
(iii) That should her current solicitors file a Notice of Ceasing to Act, that contemporaneously with them doing so, she will cause for a Notice of Address for Service to be filed in the Court, with the address and service details being an entity, person or organization within the Commonwealth of Australia.
(iv) That she irrevocably authorizes and accepts service (without prejudice to 1(sic) (iii) to also be by email to the address [the mother]@[…].
The interim order also included the following provisions, made by consent:
5.That the Mother be restrained by injunction from taking any step (other than withdrawing the proceedings), in any other jurisdiction for proceedings relating to the care, welfare or parenting orders for the Children, including but not limited to the proceedings filed by her in the [City B] High Court […].
6.That when the Mother travels with the Children to Australia, the mother shall permit them to spend time with the Father from minimum 5 nights before they are to return (if they are) to [Country C].
7.While the Children are living with the Mother in [Country C], the Mother shall cause for the Children to have telephone time / skype / FaceTime on not less than 4 occasions per week from 5pm to 5.30pm ([Country C] Standard Time) on Saturday, Sunday, Wednesday & Thursday unless agreed otherwise by the parties.
The finalisation of the proceedings were initially hampered by the Covid-19 pandemic and closure of borders. Then, in 2022, the parties requested time to try and resolve their dispute themselves. A further interim application was filed by the applicant on 16 May 2023 and responded to by the respondent on 17 August 2023.
Both parties currently represent themselves. The applicant was granted leave to participate at this interim hearing via video link from Country C.
DISPOSITION
The applicant’s main reason for seeking to be relieved of her undertaking to return to Australia for the family report interviews and the final hearing are that her circumstances have changed since March 2020. The applicant contends that she cannot afford to return to Australia and would need to have the respondent pay those costs. The applicant also contends that she might lose her job if she returns to Australia for more than two weeks.
Fortunately, the respondent agrees to meet the applicant’s costs of flying to Australia with the children and her accommodation costs while in Australia, although he intends to seek a contribution to those costs at trial.
Neither party has filed a financial statement since 2020.
The applicant’s employment contract indicates that she obtained her current position in early 2023 and is on probation for six months. For some unknown reason, the applicant redacted her salary amount from the contract. The applicant is entitled to four weeks annual leave. There is no evidence to corroborate her contention that she is at risk of losing her job if required to abide by her undertaking.
With the assistance of the independent children’s lawyer (“ICL”) there will not be a need for the applicant to travel to Australia twice. I indicated to the parties that I could list the matter for trial in May 2024 and on that basis the ICL will arrange the preparation of a family report shortly before the trial.
The applicant does not oppose the children spending immediate time with the respondent upon their arrival in Australia including overnight. The applicant’s main concern was their abduction but in circumstances where she holds the passports or they are held by the Registry, the prospect of abduction is remote at best. The applicant does not oppose the children’s passports being provided to the ICL so that they can be provided to the Registry of this Court for safekeeping.
The respondent opposes the interim payment of any monies to the applicant. It is his contention that the applicant would not return to Australia if she receives such payments. The respondent contends that his financial practice returns only a modest income and that the previous partnership operated with a third party came to an end without the payment to him of any funds.
There is no evidence of the source from which any funds could be paid to the applicant even if I were minded to make an interim property order. It is generally best to make only one order pursuant to s 79 of the Family Law Act 1975 (Cth). In circumstances where I have no up to date information about the parties’ respective financial positions I do not propose to make any order for the respondent to pay any sums to the applicant. There has already been an order made for the valuation of three properties in Country C and the respondent contends that he has already selected a valuer from the panel provided. It seems there was an issue about the valuation of a property which has since been sold, namely, the property at H Street, Suburb J, City G, Region K. The applicant contends the property was sold at undervalue. The only way to determine that is to obtain a valuation. I propose include a provision in the order for a joint letter of instruction to be sent to the valuer. There is already an order that the parties are to each pay one half of the valuation costs.
The respondent agrees to one of the valuers nominated by the applicant to value his business, M1 Pty Ltd. That will occur and the parties agree to each pay one half of the valuation costs. I propose to include a provision in the order for a joint letter of instruction to be sent to the valuer and the respondent will be required to cooperate in that process.
The applicant also seeks an order for the respondent to “cause the sum of $436,740 transferred overseas from his multiple bank accounts to be remitted back to Australia in the Applicant mother’s trust Account”. If it is the case that the respondent has prematurely disposed of funds, as alleged by the applicant, then such matters can be taken into account when considering what, if any, property order is appropriate. As this is an interim hearing it is not possible to make findings about contested facts. That will be a matter for trial.
The applicant contends that the respondent has failed to disclose particular documents. While the respondent contends that he has largely disclosed all the documents now sought by the applicant he does not oppose an order in the terms of paragraph 8 and 9 of the applicant’s application. The respondent informed the Court that his previous business operated via a partnership through M2 Pty Ltd has ceased operating and he now operates his own business via M1 Pty Ltd. Accordingly, I have included in the disclosure requirements that documents relevant to this entity are to be disclosed. The order I propose to make about specific disclosure does not relieve either the applicant or the respondent from otherwise meeting their ongoing obligation to disclose all relevant information and documentation.
Orders will be made to facilitate the finalisation of the proceedings including listing it for trial. The trial will proceed in person in May 2024 and a family report will be prepared shortly prior to the hearing, after the respondent has had an opportunity to spend some time with the children.
The respondent intends to visit Country C prior to the hearing and the parties have agreed to him spending time with the children in the presence of the applicant for three hours on each Saturday and Sunday for four weeks with a break in the following week and one more weekend before he departs, and for this to occur up to twice before the trial. The parties have also agreed on a number of other matters which will be included in the order including:
(a)mutual restraints not to denigrate each other in the presence of the children, not to discuss the proceedings and not to record each other or the children;
(b)for the respondent’s mother and brother to join him in Country C when he spends time with the children;
(c)for the respondent to take all necessary steps to ensure neither his mother nor brother denigrate the mother or act in such a way as to cause conflict in front of the children;
(d)for the applicant to be able to communicate via FaceTime with the children on alternate nights at 5.00 pm when the children are spending time with the respondent in Australia before the trial;
(e)the respondent will recommence paying child support;
(f)amendment of paragraph 7 of the order made on 12 March 2020 by substituting “Monday” for “Saturday”.
I certify that the preceding twenty-four (24) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Carew. Associate:
Dated: 25 August 2023
2
0
0