Lambton and Lambton (No. 2)

[2017] FamCAFC 230

FAMILY COURT OF AUSTRALIA

LAMBTON & LAMBTON (NO. 2) [2017] FamCAFC 230

FAMILY LAW – APPEAL – CHILDREN – RELOCATION – where the mother sought to relocate with the child to the United Kingdom – where the trial judge refused the mother’s application to relocate – where the child was only three and a half years old – where the mother contended that her mental health would improve if she were permitted to relocate – whether the trial judge determined the issue of relocation as a separate and anterior question – whether the trial judge wrongly elevated the consideration of the mother’s reason for relocation – whether the trial judge failed to properly consider the father’s capacity to relocate to the United Kingdom – whether the trial judge failed to pay evident regard to the mother’s legitimate interest and right to live in the place of her choosing – whether the trial judge failed to have regard to the entirety of the expert evidence in relation to the mother’s mental health – where no error demonstrated – where appeal dismissed.

FAMILY LAW – APPEAL – PROPERTY – whether the trial judge erred in a consideration of s 75(2) factors – where no error demonstrated – where appeal dismissed.

Family Law Act 1975 (Cth)

Atkins & Hunt (2016) FLC 93-746
Bondelmonte v Bondelmonte (2017) 341 ALR 179
CDJ v VAJ (1998) 197 CLR 172
House v The King (1936) 55 CLR 499
U v U (2002) 211 CLR 238

APPELLANT: Ms Lambton

RESPONDENT: Mr Lambton

FILE NUMBER: SYC 212 of 2015

APPEAL NUMBER: EA 24 of 2017

DATE DELIVERED: 9 November 2017

PLACE DELIVERED: Brisbane

PLACE HEARD: Sydney

JUDGMENT OF: Aldridge, Kent & Cleary JJ

HEARING DATE: 21 September 2017

LOWER COURT JURISDICTION: Family Court of Australia

LOWER COURT JUDGMENT DATE: 15 February 2017

LOWER COURT MNC: [2017] FamCA 73

REPRESENTATION

COUNSEL FOR THE APPELLANT: Mr Sansom SC

SOLICITOR FOR THE APPELLANT: Pigdon Norgate Family Lawyers

COUNSEL FOR THE RESPONDENT: Mr Richardson SC

SOLICITOR FOR THE RESPONDENT: Barkus Doolan

Orders

1. The appeal from the orders made by Rees J on 15 February 2017 be dismissed.

2. There be no order as to costs of the appeal.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Lambton & Lambton (No. 2) has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT SYDNEY

Appeal Number: EA 24 of 2017
File Number: SYC 212 of 2015

Ms Lambton

Appellant

And

Mr Lambton

Respondent

REASONS FOR JUDGMENT

1. The…