FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Lando & Robin [2025] FedCFamC2F 837
File number(s): PAC 150 of 2025 Judgment of: JUDGE JENKINS Date of judgment: 20 June 2025 Catchwords: FAMILY LAW – APPLICATION FOR REVIEW –mother unilaterally relocated with the children – review of orders for mother to return children to area where parties had been living – best interests of children – allegations of coercion and control – freedom of movement –determination that children return from Suburb B to Suburb C pending a final hearing – application for review dismissed. Legislation: Family Law Act 1975 (Cth) ss 60CC, 60CE, 60CG Cases cited: B & B: Family Law Reform Act 1995 (1997) FLC 92-755
Bustillo & Bustillo [2024] FedCFamC1F 556
Franklyn & Franklyn [2019] FamCAFC 256
Morgan v Miles (2007) 38 FamLR 275
Division: Division 2 Family Law Number of paragraphs: 65 Date of hearing: 13 June 2025 Place: Melbourne – via Microsoft Teams Counsel for the Applicant: Mr Dura SC Solicitor for the Applicant: Rossi Simicic Lawyers Counsel for the Respondent: Mr Kearney SC Solicitor for the Respondent: Bartier Perry Lawyers ORDERS
PAC 150 of 2025 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS LANDO
Applicant
AND: MR ROBIN
Respondent
ORDER MADE BY:
JUDGE JENKINS
DATE OF ORDER:
20 JUNE 2025
THE COURT ORDERS THAT:
1.By no later than 11 July 2025:
(a)the Mother shall do all things necessary to cause the primary residence of each of the children X born in 2014, Y born in 2017 and Z born in 2022 (collectively “the children”) to be re-established in the Suburb C Local Government Area (LGA); and
(b)each of the Mother and the Father shall do all things and sign all documents necessary so as to cause and permit the children X and Y to resume attendance at D School, Suburb C from the commencement of Term 3 2025 and to remain enrolled and in attendance at such school pending further order.
Pending further order
2.Upon compliance with Order 1, each of the Mother and the Father be and hereby is restrained from causing and/or permitting the place of residence of the children or any of them to be changed to a place outside of the Suburb C LGA.
3.Pending compliance with Order 1 the children shall live with the mother and shall spend time with the father:
(a)from the conclusion of school on Friday 20 June 2025 until 5.00pm Sunday 22 June 2025; and
(b)on each Tuesday from the conclusion of school (or 3.00pm in respect of any child not in attendance at school on such day) until 5.00pm; and
(c)subject to order 6 herein, from the conclusion of school on Friday 4 July 2025 until 4.00pm on Friday 11 July 2025, it being noted that the children conclude Term 2 of school on Friday 4 July 2025;
with changeover to occur at school when the children…
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- [2025] FedCFamC2F 837
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CaseChat Overview and Summary
The court examined the evidence and found that the best interests of the children would be served by having their primary residence established in the original suburb, Suburb C, while allowing for the mother's relocation to Suburb B to be temporary pending a final hearing. The court concluded that the children should return to Suburb C for the time being, and that the allegations of coercion and control were not substantiated. The court noted the importance of the children's freedom of movement and their stability, which were best maintained by returning them to their previous residence. Consequently, the application for review was dismissed, and orders were made for the children to return to Suburb C by a specified date, with detailed arrangements for their schooling and time spent with each parent.
The court's orders included a requirement for the mother to re-establish the children's primary residence in Suburb C by a certain date, with specific provisions for their schooling and time allocation between the parents. It also included restrictions on changing the children's place of residence outside Suburb C and outlined the detailed schedule for the children's time with each parent, including specific provisions for school holidays and special occasions. The orders further mandated communication between the parents and the children, and the completion of specific programs aimed at improving the children's well-being. The application for review was dismissed, and the detailed orders were made to ensure the children's welfare and stability.
Orders
Orders of the court
PAC 150 of 2025
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS LANDO
Applicant
AND:
MR ROBIN
Respondent
ORDER MADE BY:
JUDGE JENKINS
DATE OF ORDER:
20 JUNE 2025
THE COURT ORDERS THAT:
1. By no later than 11 July 2025:
(a) the Mother shall do all things necessary to cause the primary residence of each of the children X born in 2014, Y born in 2017 and Z born in 2022 (collectively “the children”) to be re-established in the Suburb C Local Government Area (LGA); and
(b) each of the Mother and the Father shall do all things and sign all documents necessary so as to cause and permit the children X and Y to resume attendance at D School, Suburb C from the commencement of Term 3 2025 and to remain enrolled and in attendance at such school pending further order.
Pending further order
2. Upon compliance with Order 1, each of the Mother and the Father be and hereby is restrained from causing and/or permitting the place of residence of the children or any of them to be changed to a place outside of the Suburb C LGA.
3. Pending compliance with Order 1 the children shall live with the mother and shall spend time with the father:
(a) from the conclusion of school on Friday 20 June 2025 until 5.00pm Sunday 22 June 2025; and
(b) on each Tuesday from the conclusion of school (or 3.00pm in respect of any child not in attendance at school on such day) until 5.00pm; and
(c) subject to order 6 herein, from the conclusion of school on Friday 4 July 2025 until 4.00pm on Friday 11 July 2025, it being noted that the children conclude Term 2 of school on Friday 4 July 2025;
with changeover to occur at school when the children (or any of them) are in attendance at school at the commencement of any period of time and otherwise at McDonalds, Suburb E.
4. Upon the Mother’s compliance with Order 1, then the children shall live with the Mother in the Suburb C LGA and shall spend time with the Father during school term time on an alternating basis as follows:
(a) on the first weekend following the resumption of school and each alternate weekend thereafter, from 9.00am Sunday to the conclusion of school (or 3.00pm in respect of any child not in attendance at school on such day) Tuesday; and
(b) immediately following the second weekend after the resumption of school and each alternate week thereafter from the commencement of school (or 9.00am in respect of any child not in attendance at school on such day) Monday to the conclusion of school (or 3.00pm in respect of any child not in attendance at school on such day) Wednesday.
5. Notwithstanding any other order herein, the children shall live with the Father:
(a) during the school holidays:
(i) subject to order 6 herein, for one half of each school holiday period following terms 1, 2 and 3 as agreed or in the absence of agreement, during the first half of the school holiday period in odd numbered years and the second half of the school holiday period in event numbered years; and
(ii) during the school holiday period following term 4 as agreed or in the absence of agreement, each alternate week with changeover to commence at 10.00am each Sunday;
and shall otherwise live with the Mother during the school holiday periods;
(b) in 2026 and each alternate year thereafter from 3.00pm Christmas Eve until 3.00pm Christmas Day and in 2025 and each alternate year thereafter from 3.00pm Christmas Day until 3.00pm Boxing Day PROVIDED THAT the children shall live with the mother in 2025 and each alternate year thereafter from 3.00pm Christmas Eve until 3.00pm Christmas Day and in 2026 and each alternate year thereafter, from 3.00pm Christmas Day until 3.00pm Boxing Day;
(c) from 3.00pm on the day immediately prior to Father’s Day until the commencement of school (or 9.00am in respect of any child not in attendance at school on such day) Monday PROVIDED THAT the children shall live with the Mother from 3.00pm on the day immediately prior to Mother’s Day until the commencement of school (or 9.00am in respect of any child not in attendance at school on such day) Monday; and
(d) at such other times as may be agreed between the parties in writing.
6. Until further order, during each period in which the children are spending block school holiday time with the father in accordance with Order 3(c) and 5 (a), that Z be returned to the mother’s care for two (2) nights during each period of block school holiday time as agreed between the parents in writing and failing agreement from 4.00pm on the third (3rd) day until 10am on the fifth (5th) day.
7. Save as otherwise provided herein, time shall commence and conclude at school when the children (or any of them) are in attendance at school at the commencement of any period of time and otherwise at McDonalds Suburb E.
8. The parent with whom the children are living/spending time shall cause the children to contact the other parent between 5.00pm and 6.00pm on each Saturday and Wednesday using the children’s iPads and during such periods of contact shall ensure that the children and each of them are free to communicate in an uninterrupted and private manner with the other parent.
9. Each of the Father and Mother continue to limit their communication to matters involving the children and shall communicate via the parenting application Divitto, except in the event of an emergency involving the children.
10. Within twenty-eight (28) days of the date of these Orders, each of the Father and Mother shall do all things necessary to enrol both X and Y in:
(a) the F Program NSW-ACT through G Centre; and
(b) a counselling service at a place local to the children in accordance with the recommendation of Ms H.
11. Paragraphs 7(b), 7(c), 8, 9 of and notation A to the Orders of 28 March 2025 continue.
12. Each of the Father and the Mother do that necessary to complete J Centre program ‘Bringing up Great Kids’.
13. For the purpose of these Orders, school holidays are deemed to commence on the last day of school requiring attendance and conclude at 5.00pm on the day prior the first day of the school term requiring student attendance.
14. The Application for Review filed 2 April 2025 be otherwise dismissed.
AND THE COURT NOTES THAT:
A. Section 114Q of the Family Law Act 1975 (Cth) provides that it is an offence punishable by imprisonment for up to one year to publish or disseminate to the public or a section of the public any account of family law proceedings which identifies the parties, witnesses or other people concerned with the proceedings, unless specifically authorised by the Court.
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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