FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Laing & Raimondo [2024] FedCFamC2F 637
File number: CSC 39 of 2023 Judgment of: JUDGE BROWN Date of judgment: 24 May 2024 Catchwords: FAMILY LAW – Parenting – final hearing – care arrangements for the parties one child aged 11 years old – parties separated in 2014 – high conflict co-parenting relationship – deficits in communication – following separation the mother and child spent two years in the UK with the mother’s family – where the child lives with the mother – where the father works two weeks on two weeks off roster – where the child is experiencing reluctance to spend overnight time with the father – how parental responsibility is to be allocated – best interests of the child – emotional needs of the child Legislation: Australian Passports Act 2005 (Cth)
Child Support (Assessment) Act 1989 (Cth) s 4
Child Support (Registration & Collection) Act 1988 (Cth)
Family Law Act 1975 (Cth) Pt VII, ss 4, 60CA, 60CC, 61B, 61CA, 61D, 61DAA, 61DAB, 64B, 65AA, 65C, 65D
Cases cited: Eden & Eden-Proust [2011] FamCAFC 138
Kuebler & Kuebler (1978) FLC 90-434
Line & Line (1997) FLC 92-729
Re G: (Children’s Schooling) (2000) FLC 93-025
Division: Division 2 Family Law Number of paragraphs: 174 Date of hearing: 20 May 2024 Place: Cairns Applicant: Appeared in person Respondent: Appeared in person ORDERS
CSC 39 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS LAING
Applicant
AND: MR RAIMONDO
Respondent
ORDER MADE BY:
JUDGE BROWN
DATE OF ORDER:
24 MAY 2024
UPON NOTING the applicant mother will continue to encourage the child to consider spending overnight time with the respondent father
THE COURT ORDERS THAT:
1.All previous parenting orders be discharged.
2.The child of the relationship X born in 2013 (hereinafter referred as “the child”) live with MS LAING (hereinafter referred to as “the mother”).
3.The child remained domiciled in the Commonwealth of Australia notwithstanding any temporary absences from Australia for the purposes of holidays as authorised pursuant to order 11 hereof.
4.The mother is conferred with sole parental responsibility for the child pursuant to this order subject to the condition that she shall notify MR RAIMONDO (hereinafter referred to as “the father”) of all major long-term decisions required to be made in respect of the child twenty-eight (28) days prior to the date by which the relevant decision is required to be made other than in cases of medical emergency in which case the notification is to be forthwith and thereafter use her best endeavours to secure the father’s view about the relevant major long-term decision required to be made.
5.The child spend time with the father, at any time as agreed by both parents in writing which may be in electronic form by email or text message or such other electronic means including WhatsApp or other parenting app as may be agreed between the parties from time to time.
6.The father provide is to provide the…
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CaseChat Overview and Summary
The court considered the high-conflict co-parenting relationship and the communication deficits between the parties. It was noted that the mother would continue to encourage the child to consider spending overnight time with the father. The court emphasised the importance of the child’s emotional needs and the need for both parents to work together to facilitate the child's relationship with the father. The court also highlighted the importance of maintaining a stable environment for the child, which was best served by the child continuing to live with the mother.
The court ordered that all previous parenting orders be discharged and that the child live with the mother. The mother was conferred with sole parental responsibility, subject to conditions that she notify the father of major long-term decisions affecting the child 28 days prior to the decision date, except in cases of medical emergency. The child was to spend time with the father at times agreed by both parents, with specific arrangements for Christmas Day, Christmas Eve, the child's birthday, and Father's Day. The court also outlined detailed provisions for handovers, overseas travel, communication, and education. Additionally, the court issued injunctions to prevent the parties from abusing or denigrating each other in the presence of the child and from discussing the proceedings with the child. All extant applications were dismissed, and the matter was finalised.
Orders
Orders of the court
CSC 39 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS LAING
Applicant
AND:
MR RAIMONDO
Respondent
ORDER MADE BY:
JUDGE BROWN
DATE OF ORDER:
24 MAY 2024
UPON NOTING the applicant mother will continue to encourage the child to consider spending overnight time with the respondent father
THE COURT ORDERS THAT:
1. All previous parenting orders be discharged.
2. The child of the relationship X born in 2013 (hereinafter referred as “the child”) live with MS LAING (hereinafter referred to as “the mother”).
3. The child remained domiciled in the Commonwealth of Australia notwithstanding any temporary absences from Australia for the purposes of holidays as authorised pursuant to order 11 hereof.
4. The mother is conferred with sole parental responsibility for the child pursuant to this order subject to the condition that she shall notify MR RAIMONDO (hereinafter referred to as “the father”) of all major long-term decisions required to be made in respect of the child twenty-eight (28) days prior to the date by which the relevant decision is required to be made other than in cases of medical emergency in which case the notification is to be forthwith and thereafter use her best endeavours to secure the father’s view about the relevant major long-term decision required to be made.
5. The child spend time with the father, at any time as agreed by both parents in writing which may be in electronic form by email or text message or such other electronic means including WhatsApp or other parenting app as may be agreed between the parties from time to time.
6. The father provide is to provide the mother, seven (7) days’ notice of his intention to spend time with the child.
7. The mother consider and facilitate any reasonable request, by the father to spend time with the child.
8. The mother use her best endeavours to facilitate the child spending time with the father and/or the paternal family at times to be agreed as follows:
(a) On Christmas Day in even numbered years commencing in 2024;
(b) On Christmas Eve in odd numbered years commencing in 2025;
(c) On the Child's birthday;
(d) On Father's Day;
(e) On any other important family occasion concerning the paternal family, as advised by the father to the mother, providing fourteen (14) days’ notice has been provided to the mother.
9. The mother use her best endeavours to facilitate telephone contact between the child and the father, where reasonably requested by the father.
Handovers
10. Wherever possible, handovers will either occur at the child's school or at the child's extracurricular school at the cessation of the child's classes NOTING that if neither of these locations are available, handovers will occur with the parent who has the child in their care delivering and or returning the child to the residence of the other parent.
Overseas travel:
11. The mother be permitted to travel outside the Commonwealth of Australia with the child in accordance with the terms of these orders NOTING THAT she is to provide the father with three (3) months’ notice of her intention to do so, unless in circumstances of emergency, requiring the mother and child to travel overseas at short notice to attend to an urgent situation concerning the maternal family overseas.
12. Any application and/or renewal of the child’s passport is to be made at the mother’s sole expense.
13. That the requirement for the permission and/or consent of the father to the issue of the child’s passport be dispensed with.
14. Pursuant to section 11(1)(b)(ii) of the Australian Passports Act 2005 (Cth) the Australian Passport Office of the Department of Foreign Affairs and Trade issue a passport in the name of the child upon the filing of the appropriate completed application form exhibiting the permission of the mother.
Communication
15. The parties will communicate with each other via email or text message, except in the case of an emergency where they will communicate via mobile phone with the parties to ensure that such communication is strictly related to the child and associated issues.
16. The parties keep each other informed of, and notify the other parent in writing, within 48 hours of any change to their residential address, phone number or email.
17. Should a medical emergency arise in relation to the said child whilst the said child is in the care of either of her parents then the parent concerned shall notify the other parent as soon as practicable of the time and nature of such medical emergency, the name and an address of any treating medical practitioner and hospital attended by the child and the location of the child.
Authorities given by these orders
18. Each parent shall have the right to obtain copies of the said child’s school, academic records, report cards, progress cards, school magazines and newsletters, school photographs (at their own cost), fees and enrolment information and such information pertaining to the child’s school and school related sports activities.
19. Each parent shall have the right to communicate with and obtain any information concerning the said child’s physical and mental health and welfare direct from any medical practitioner, specialist medical practitioner, psychologist, psychiatrist, other health professional, counsellor and/or social worker.
Education
20. The child shall continue to be enrolled at B School for the duration of her primary education; unless otherwise agreed by the parents in writing.
21. For the purposes of the child's secondary school enrolment, an 'out of catchment' application is to be submitted on behalf of the child to D School.
22. The father sign the required documentation for the child's school enrolment within seven (7) days of being provided such documentation by the mother.
23. The requirement for the father to sign the child's school enrolment forms be dispensed with in the event he does not sign the required documentation within the time frame set out in these orders.
Injunctions
24. The parties are restrained and injunctions are hereby granted restraining them from:
(a) changing the child’s name from X.
(b) abusing, denigrating or rebuking the other parent in the presence or hearing of the child or from permitting any other person so to do;
(c) discussing these proceedings with or in the presence of the child;
(d) questioning the child about the other parent’s personal life;
(e) requesting the child deliver messages concerning changes in care arrangements, decisions to be made between the parents, or requests for resources or information.
25. All extant applications be dismissed and the matter is finalised.
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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