FEDERAL MAGISTRATES COURT OF AUSTRALIA
| KRUM & KRUM | [2011] FMCAfam 65 |
| FAMILY LAW – Parenting arrangements, international relocation. |
| Family Law Act 1975, ss.60B, 60CA, 61DA, 65DAA, 60CC, 62G Federal Magistrates Act 1999, ss.63, 65 Federal Magistrates Court Rules 2001, Part 15 |
| Dylan & Dylan FamCA 842 U & U (2002) 211 CLR 238 Goode & Goode (2006) FLC 93-286 Marvel [2010] FamCAFC 101 Goodner & Jepperson [2009] FamCA 1052 Mazorski & Albright [2007] FamCA 520 W & R [2006] FamCA 25 Pitkin & Hendry [2008] FamCA 186 Lansa & Clovelly [2010] FamCA 80 MRR & GR [2010] HCA 4 Starr & Dugan [2009] FamCAFC 115 AMS & AIF (1999) 199 CLR 160 Taylor & Barker [2007] FamCA 1246 McCall & Clarke [2009] FamCAFC 92 Hepburn & Noble [2010] FamCAFC 111 Eddington & Eddington [2007] FamCA 1299 |
| Applicant: | MS KRUM |
| Respondent: | MR KRUM |
| File Number: | PAC 4930 of 2010 |
| Judgment of: | Harman FM |
| Hearing dates: | 10-13 January 2011 |
| Date of Last Submission: | 13 January 2011 |
| Delivered at: | Parramatta |
| Delivered on: | 18 January 2011 |
REPRESENTATION
| Counsel for the Applicant: | Mr Anderson |
| Counsel for the Respondent: | Mr Cooke |
ORDERS
That all and any prior parenting orders with respect to the children [X], born in 1999, and [Y], born in 2001, shall be, and are hereby discharged (and [X] and [Y] will herein be referred to by their names).
That [X] and [Y]’s parents, Mr Krum and Ms Krum shall have equal shared parental responsibility for them.
That [X] and [Y] shall live with their father.
That [X] and [Y] shall spend time with their mother:
(i)for a period of 28 days in the New South Wales Christmas school holiday period in each year such period to incorporate Christmas Day in each alternate year, and with the intent that the block period shall, in each alternate year, commence before and incorporate Christmas Day, and shall in all other years commence on a day after Christmas Day;
(ii)for all of the June/July school holidays;
(iii)for one half of the April and September/October school holidays.
That to facilitate [X] and [Y] spending time with their mother in Christmas and June/July holiday periods, that:
(i)such periods shall occur by the children travelling to and from Germany;
(ii)their father shall arrange, book and meet the cost of the children’s return airfares for Christmas and their mother, shall, for the June/July holidays, arrange, book and meet the cost of return airfares;
(iii)Ms Krum shall be responsible for her own fares at all times, including, if necessary and appropriate, her fares to and from Australia to collect, and/or return and accompany [X] and [Y];
(iv)each parent shall ensure the other is advised not less than 28 days prior to any expected date of travel of all flight itineraries, and ensure that the children are transported to and from relevant airports and board scheduled flights;
That to facilitate [X] and [Y] spending time with the mother in the April and September/October holidays, that:
(i)such periods shall occur in…
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- Krum & Krum [2011] FMCAfam 65
- Case
- [2011] FMCAfam 65
- Decision Date
CaseChat Overview and Summary
The court was required to address several key legal issues, including the best interests of the children, the necessity for equal shared parental responsibility, and the practicalities of facilitating visitation rights given the geographical distance between the parents. The court had to balance the children's need for stability and continuity with their father, who was residing in Australia, against their need for a meaningful relationship with their mother, who was living in Germany. Additionally, the court had to consider the logistical challenges posed by international travel and the need for both parents to maintain open lines of communication and involvement in the children's lives.
In its decision, the court determined that both parents should have equal shared parental responsibility for the children. The court ordered that the children would primarily reside with their father but would spend significant periods with their mother, including the entirety of the June/July school holidays and half of the April and September/October holidays. To facilitate the children's visits to their mother in Germany, the court made detailed provisions for travel arrangements, including who would be responsible for booking and paying for flights. The court also outlined provisions for communication, passport and visa management, and the children's access to technology and education. Furthermore, the court mandated that both parents maintain open lines of communication and provide each other with necessary information regarding the children's health, education, and activities.
The final orders of the court ensured that the children would have a structured and balanced arrangement that promoted their well-being and relationship with both parents. The court dismissed all outstanding applications and responses, removed all issues from the list of cases awaiting hearing, and directed that all exhibits and subpoenaed material be returned or destroyed as appropriate. The court also dismissed the application for costs of the Independent Children's Lawyer.
Orders
Orders of the court
1.
That all and any prior parenting orders with respect to the children [X], born in 1999, and [Y], born in 2001, shall be, and are hereby discharged (and [X] and [Y] will herein be referred to by their names).
2.
That [X] and [Y]’s parents, Mr Krum and Ms Krum shall have equal shared parental responsibility for them.
3.
That [X] and [Y] shall live with their father.
4.
That [X] and [Y] shall spend time with their mother:
(i) for a period of 28 days in the New South Wales Christmas school holiday period in each year such period to incorporate Christmas Day in each alternate year, and with the intent that the block period shall, in each alternate year, commence before and incorporate Christmas Day, and shall in all other years commence on a day after Christmas Day;
(ii) for all of the June/July school holidays;
(iii) for one half of the April and September/October school holidays.
5.
That to facilitate [X] and [Y] spending time with their mother in Christmas and June/July holiday periods, that:
(i) such periods shall occur by the children travelling to and from Germany;
(ii) their father shall arrange, book and meet the cost of the children’s return airfares for Christmas and their mother, shall, for the June/July holidays, arrange, book and meet the cost of return airfares;
(iii) Ms Krum shall be responsible for her own fares at all times, including, if necessary and appropriate, her fares to and from Australia to collect, and/or return and accompany [X] and [Y];
(iv) each parent shall ensure the other is advised not less than 28 days prior to any expected date of travel of all flight itineraries, and ensure that the children are transported to and from relevant airports and board scheduled flights;
6.
That to facilitate [X] and [Y] spending time with the mother in the April and September/October holidays, that:
(i) such periods shall occur in Australia;
(ii) Ms Krum shall be responsible for her own fares to and from Australia.
7.
Each parent shall do all things, sign all documents and give all consents and authorities necessary to ensure that [X] and/or [Y] have and hold a valid Australian passport at all times, and shall each meet one half of any renewal or issue cost, and further:
(i) Ms Krum shall be entitled, at her cost, to obtain for the children British passports, provided such passports are issued in the surname Krum and not otherwise, and Mr Krum shall give all consents and authorities necessary to enable the issue of a re-entry visa and/or label;
(ii) Ms Krum shall be entitled to hold any British passport;
(iii) Mr Krum shall be entitled to hold any Australian passport;
(iv) the children shall be entitled to travel on either passport, provided that the use of a British passport shall not be intended, nor alleged, asserted, or construed, to represent a renunciation of Australian citizenship or habitual residence for the purpose of any law including, but not limited to, the Australian Passports Act or the Hague Convention.
8.
Each parent shall be entitled to communicate with [X] and [Y] at any time that they are in the care of the other parent:
(i) by Skype at any time;
(ii) by email directly between the children and that parent;
(iii) by telephone at any time;
(iv) at such other times and by such other means as are agreed between the parents from time to time.
9.
That each parent shall keep the other advised at all times of:
(i) their residential address, and shall, 21 days prior to changing same, give written notice of such intention to the other parent, and to include any proposed future residential address;
(ii) their landline and emergency contact number or numbers including work and mobile;
(iii) their and [X] and [Y]’s email addresses, and;
(iv) their and [X] and [Y]'s Skype addresses.
10.
Each parent shall, whilst [X] and/or [Y] are in their care, do all things within their power to allow and permit [X] and [Y] to communicate with and receive communication from both their maternal and paternal extended families.
11.
[X] and [Y] should be given access to a computer, and such access and permission as they may need to communicate with each parent by email and Skype, whether by contact by a parent with [X] and/or [Y], or by [X] and/or [Y] contacting a parent.
12.
Each parent shall do all things, sign all documents and give all consents and authorities necessary to cause each parent’s name and contact details to be recorded with any school attended by any school attended by [X] or [Y], and to allow and permit each parent to correspond directly with the school or schools, and obtain such information, notification, newsletters, reports, copies of school photographs and correspondence relating to [X] and/or [Y] as they may wish or desire.
13.
Each parent shall advise the other immediately of any significant illness or hospitalisation relating to [X] and/or [Y], such notice to be given contemporaneous with the event, and to include sufficient information and authority to enable both parents to be fully consulted, advised and involved in any treatment decisions and to visit and stay with [X] and/or [Y] if hospitalised.
14.
Neither parent shall discuss these proceedings or any issue or allegation that arose therein with [X] and/or [Y], save to advise that the proceedings are at an end, and they shall be remaining in Australia as a consequence of the Court’s decision.
15.
The parents shall make [X] and [Y] available to the ICL as soon as practical and within seven days for the purpose of these orders being explained to them.
16.
I dismiss all outstanding applications and responses and remove all issues from the list of cases awaiting hearing, and upon expiration of the appeal period in the event that no appeal is lodged, all exhibits are to be returned to the party who tendered same, and all material produced on subpoena is to be returned to the person or organisation who produced same, or destroyed if they have so requested.
17.
I dismiss the application for costs of the ICL.
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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