Koyroyshs & Koyroyshs

[2020] FamCA 626

FAMILY COURT OF AUSTRALIA

KOYROYSHS & KOYROYSHS [2020] FamCA 626

FAMILY LAW – PARENTING – Relocation – where the mother seeks to relocate with the child to City Q in Country D or alternatively Tasmania – where Country D is a state party to the Hague Convention but there is no system of registration of foreign court orders and there are practical difficulties associated with enforcement under the Convention – where travel to City Q is very difficult from Australia – where the outbreak of the COVID-19 pandemic has significantly impacted international travel and would require quarantine – where the mother purchased a property in Tasmania for investment purposes – where the mother’s inability to promote the child’s relationship with the father and her mental health militate against placing the child primarily in the mother’s care at a long distance from the father – where it was found to not be in the best interests of the child to relocate to Country D or Tasmania – where the parties were in agreement for the child to live with the mother if orders were made for the child to reside in the Sydney area – where the presumption of equal shared parental responsibility applies and has not been rebutted in the best interests of the child – where orders for equal shared parental responsibility were made – where the child is to live with the mother and to spend substantial and significant time with the father – where the father and the Independent Children’s Lawyers seek a restraint on both parties relocating beyond a defined radius – where parties restrained from relocating the child more than 30 kilometres from the location of the child’s preschool or school.

FAMILY LAW – PROPERTY – short marriage of two and half years – where the father sought orders for release to him of the balance of funds presently held in a joint account, a payment of $50,000 from the wife, secured by an order for the sale of a Tasmanian property if the wife does not comply – where the mother sought orders for the property to be divided between the parties 40% to her and 60% to the father, with a cash payment from the father to effect the division – where father made substantial financial contributions at the commencement of cohabitation – where the father is self-employed and owns several properties – where the mother is unemployed but in receipt of income from a tenanted property in Tasmania and has financial support from her parents – where mother received distributions pursuant to court orders during the proceedings – where an adjustment was made in favour of the wife for future needs – where orders were made for overall division of 73% to the father and 27% to the mother.

Family Law Act 1975 (Cth) ss 4, 4AB, 60CA, 60CC, 61C, 61DA, 65D(1), 65DAA, 65DAB, 65DAC, 75, 79, 80, 81

Adamson & Adamson (2014) FLC 93–62
AMS v AIF (1999) 199 CLR 160