FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Laramie & Laramie [2024] FedCFamC2F 574
File number(s): NCC 3682 of 2022 Judgment of: JUDGE NEWBRUN Date of judgment: 7 May 2024 Catchwords: FAMILY LAW – PARENTING – Best interests of children. Legislation: Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 65D, 61DA, 65DAA Cases cited: Saif & Saif [2020] FamCA 119 Division: Division 2 Family Law Number of paragraphs: 163 Date of hearing: 8 – 10 April 2024 Place: Parramatta Counsel for the Applicant: Mr Bithrey Solicitor for the Applicant: Conditsis Lawyers Counsel for the Respondent: Ms Rebehy Solicitor for the Respondent: Brigid Justice Ltd Counsel for the Independent Children's Lawyer: Mr Duc Solicitor for the Independent Children's Lawyer: Ark Law Lawyers ORDERS
NCC 3682 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR LARAMIE
Applicant
AND: MS LARAMIE
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE NEWBRUN
DATE OF ORDER:
7 MAY 2024
ON A FINAL BASIS THE COURT ORDERS THAT:
Parental Responsibility
1.The mother shall have sole parental responsibility for the children, X, born in 2019; and Y, born in 2022 (hereinafter “the children”).
2.For the purpose of Order 1 and except in the event of an emergency, before making any major long-term decision in relation to the children, the mother will notify the father as follows:
(a)Advise the father in writing not less than twenty-eight (28) days in advance of any decision on major long-term issues in relation to the children proposed to be made by the mother;
(b)Provide the father with all relevant information relating to the long-term issue which is in the possession of the mother;
(c)Provide any necessary authorities to enable the father to obtain any additional information from any relevant health or education institution;
(d)Give consideration to any response from the father before making a decision; and
(e)Inform the father of any decision made as soon as reasonably practicable and no later than seven (7) days after the making of the decision.
3.The parties each have parental responsibility for day-to-day decisions that are not major long-term decisions for the children when the children are in each party’s respective care.
Live with
4.The children live with the Mother.
Time with
5.From the date of the Orders and for a period of 6 months the Father will spend time with the children as agreed between the parties in writing and failing agreement as follows:
(a)Week 1: From 9:00am until 5:00pm each Saturday and Sunday, and each alternate week thereafter; and
(b)Week 2: From 3:00pm until 7:00pm on Thursday.
6.From the completion of Order 5 and for a period of 6 months the Father will spend time with the children as agreed between the parties in writing and failing agreement as follows:
(a)Week 1: From 12:00pm Saturday until 12:00pm Sunday, and each alternate week thereafter; and
(b)Week 2: From 3:00pm until 7:00pm on Thursday.
7.The father’s time shall not progress from Order 5 to Order 6 until such time that the…
Continue reading Laramie & Laramie
Sign in free to access the full text
- AGLC
- Laramie & Laramie [2024] FedCFamC2F 574
- Case
- [2024] FedCFamC2F 574
- Decision Date
CaseChat Overview and Summary
The primary legal issues addressed by the court included the allocation of parental responsibility, the scheduling of time the children would spend with each parent, and the specific conditions under which these arrangements would be implemented. The court also needed to decide on special occasions, communication between the parties, international travel provisions, and protective measures to ensure the children's well-being. The court carefully evaluated evidence and submissions from both parents and the Independent Children's Lawyer to make decisions that it deemed to be in the children's best interests.
In its reasoning, the court emphasised the importance of stability, continuity, and the children's emotional bonds with both parents. It awarded sole parental responsibility to the mother, recognising her role in making major long-term decisions for the children but required her to consult with the father before doing so. The court established a detailed time-sharing arrangement, gradually increasing the father's time with the children contingent upon his completion of a parenting course. It also outlined specific provisions for school holidays, special occasions, and communication between the parents and children. The court imposed strict conditions to prevent international travel to high-risk areas and mandated that both parents maintain respectful communication and avoid exposing the children to harmful influences. The final orders included injunctions against both parents making derogatory remarks about each other in front of the children and using them as messengers. The father was specifically prohibited from allowing the children to come into contact with a specified family member.
The court's orders reflect a balanced approach aimed at fostering a healthy relationship between the children and both parents, ensuring their safety, and promoting their overall well-being.
Orders
Orders of the court
NCC 3682 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR LARAMIE
Applicant
AND:
MS LARAMIE
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE NEWBRUN
DATE OF ORDER:
7 MAY 2024
ON A FINAL BASIS THE COURT ORDERS THAT:
Parental Responsibility
1. The mother shall have sole parental responsibility for the children, X, born in 2019; and Y, born in 2022 (hereinafter “the children”).
2. For the purpose of Order 1 and except in the event of an emergency, before making any major long-term decision in relation to the children, the mother will notify the father as follows:
(a) Advise the father in writing not less than twenty-eight (28) days in advance of any decision on major long-term issues in relation to the children proposed to be made by the mother;
(b) Provide the father with all relevant information relating to the long-term issue which is in the possession of the mother;
(c) Provide any necessary authorities to enable the father to obtain any additional information from any relevant health or education institution;
(d) Give consideration to any response from the father before making a decision; and
(e) Inform the father of any decision made as soon as reasonably practicable and no later than seven (7) days after the making of the decision.
3. The parties each have parental responsibility for day-to-day decisions that are not major long-term decisions for the children when the children are in each party’s respective care.
Live with
4. The children live with the Mother.
Time with
5. From the date of the Orders and for a period of 6 months the Father will spend time with the children as agreed between the parties in writing and failing agreement as follows:
(a) Week 1: From 9:00am until 5:00pm each Saturday and Sunday, and each alternate week thereafter; and
(b) Week 2: From 3:00pm until 7:00pm on Thursday.
6. From the completion of Order 5 and for a period of 6 months the Father will spend time with the children as agreed between the parties in writing and failing agreement as follows:
(a) Week 1: From 12:00pm Saturday until 12:00pm Sunday, and each alternate week thereafter; and
(b) Week 2: From 3:00pm until 7:00pm on Thursday.
7. The father’s time shall not progress from Order 5 to Order 6 until such time that the father has completed the Circle of Security Course.
8. From the completion of Order 6 and for a period of 6 months the Father will spend time with the children as agreed between the parties in writing and failing agreement as follows:
(a) Each alternate weekend from the conclusion of school or 3.00 pm on Friday to 5.00 pm on the following Sunday.
9. From the completion of Order 8, the Father will spend time with the children as agreed between the parties in writing and failing agreement, each alternate weekend from the conclusion of school or 3.00 pm on Friday to before school or 9.00 am on the following Monday.
School Holidays
10. Prior to Y commencing Kindergarten, the children’s time with the father pursuant to Orders 5 to 9 above shall continue during school holidays.
11. From the time Y commences Kindergarten and thereafter, the children shall spend one half of all school holidays with each parent as follows:
(a) The children shall spend the first half of the Terms 1, 2 and 3 school holiday periods with the Father in even numbered years and the second half of the school holiday in odd numbered years;
(b) The children shall spend the second half of the Terms 1, 2 and 3 school holiday periods with the Mother in even numbered years and the first half of the school holiday in odd numbered years;
(c) The children shall spend the Christmas school holidays with each parents in alternating weeks, commencing on the first week of the school holidays with the Father in even numbered years and with the Mother in odd numbered years.
12. For the purposes of Order 11 above, the following shall apply:
(a) School holidays shall commence from 9.00am on the day after the last required day of school attendance for Term 4 and shall conclude at 5.00pm on the last day prior to the first day of required school attendance for Term 1;
(b) Changeover is to occur as agreed, and failing agreement, as follows:
(i) In respect of short school holidays, at 5.00pm on the mid-point day between the first and last day of each school holiday period;
(ii) In respect of Christmas school holidays, at 5.00pm on the first Saturday of the school holiday period and each Saturday thereafter;
(iii) In the event that there are two consecutive 'mid-point days', then changeover is to occur at 5.00pm on the first of those two 'mid-point days';
Special occasions
13. Notwithstanding any other Order herein, the children shall spend time with the parties on special occasions as follows (with all other Orders suspended to facilitate such special occasion time as required):
(a) With Father from 5.00pm on Christmas Eve until 5:00pm on Christmas Day in odd numbered years and from 5.00pm Christmas Day until 5.00pm Boxing Day in even numbered years (but only after the father has completed the Circle of Security Course);
(b) With Mother from 5.00pm on Christmas Eve until 5:00pm on Christmas Day in even numbered years and from 5.00pm Christmas Day until 5.00pm Boxing Day in odd numbered years;
(c) With the Father from 5.00pm on the Thursday immediately prior to Good Friday until 5.00pm on Easter Saturday in odd numbered years and from 5.00pm Easter Saturday until 9.00am on the Tuesday immediately following Easter Monday (or otherwise the commencement of school as applicable) in even numbered years (but only after the father has completed the Circle of Security Course);
(d) With the Mother from 5.00pm on the Thursday immediately prior to Good Friday until 5.00pm on Easter Saturday in even numbered years and from 5.00pm Easter Saturday until 9.00am on the Tuesday immediately following Easter Monday (or otherwise the commencement of school as applicable) in odd numbered years;
(e) The children shall spend Mother's Day with the Mother in each year from 9.00am until 5.00pm;
(f) The children shall spend Father's Day with the Father in each year from 9.00am until 5.00pm;
(g) On each of the children's birthdays in each year, the children shall spend time with the parent with whom they are not ordinarily with pursuant to these Orders as agreed between the parties in writing and failing agreement as follows:
(i) For a period of (4) four hours from 3.00pm until 7.00pm.
14. Changeover shall occur as agreed between the parties in writing and otherwise as follows:
(a) Any changeovers that occur on a day that the children are attending daycare or school shall occur to and from daycare or school unless otherwise agreed between the parties in writing; and
(b) All other changeovers shall occur at McDonalds, Suburb B.
FaceTime/phone/electronic communication
15. The Children have phone communication with the Father each Tuesday between 6:30pm – 7:00pm.
16. During the school holiday periods, the father shall facilitate facetime calls between the children and the mother each Wednesday between 6:30pm – 7:00pm.
17. Other than in the case of an emergency, the parties shall communicate with one another in writing, including via text message, email or letter with such communication to be civil, courteous and limited to matters relating to the children and/ or compliance with/ interpretation of these Orders.
18. Each parent shall keep the other advised at all times of their current mobile telephone number, email address and residential address and within 24 hours of such change occurring.
19. Each parent shall do all things and sign all documents necessary to ensure both parents’ names and contact details are included on and remain on all enrolment and other applicable forms for any school/s which the children may attend from time to time.
20. Each parent is hereby authorised to obtain information and documents at their cost and request relating to the children or any of them from any school that the children may attend, including but not limited to all school reports, school curricular, school notices, school invitations and school correspondence and each party shall be at liberty to attend parent/teacher interviews and all other activities to which parents are otherwise invited regardless of whether the children are with that party pursuant to these Orders.
21. Each parent shall notify the other as soon as practicable of any medical emergency, illness or injury suffered by the children whilst in their respective care warranting treatment by a third party and shall authorise any treating health professionals to communicate with the other parent about the condition and treatment of the children.
22. Each parent shall keep the other informed of any medical, health, dental or other professionals involved in the children's care, including sufficient information to enable both parties to attend any appointments for the children and to obtain information and documents relating to the children (at that party's cost and request).
International travel
23. Upon the child Y commencing kindergarten, pursuant to section 65Y(2) of the Family Law Act 1975 (Cth) each parent is permitted to travel internationally with the children during the time the children are in their care pursuant to these Orders and at other times as agreed to in writing between the parties in advance of such travel provided that:
(a) Neither parent shall take the children to a country that is subject to a “do not travel” alert issued by the Department of Foreign Affairs and Trade at or about the time of either parent’s intended travel with the children; and
(b) Other than in the case of an emergency, prior to any international travel, the parent intending to travel with the children is to give to the other parent:
(i) Not less than four (4) weeks’ prior written notice as to:
A. The intended destination;
B. The proposed date of departure and date of return; and
C. Arrangements to be made for communication between the children and the remaining parent during that period of travel.
(ii) Not less than fourteen (14) days prior to the proposed departure date, written notice of:
A. Proposed travel itinerary;
B. Flight details;
C. Contact details for the parent and the children; and
D. Set arrangements for communication between the children and the remaining parent during that period of travel.
24. Both parties will do all things and sign all documents necessary to facilitate international travel in accordance with Order 23 above, including but not limited to signing any necessary application/s for the children well in advance of any proposed international travel, including but not limited to passport and/ or visa applications and signing any other documents necessary to facilitate the issue of any other document required by the authorities of the destination country(ies) as soon as reasonably practicable after any request from the travelling parent.
25. The travelling parent shall be responsible for all fees relating to the children's international travel, including any required application fees for visas, travel insurance or any other fee required unless otherwise agreed between the parties in writing.
26. As applicable, the non-traveling parent shall deliver the children’s passport/s and/or visas and/or all other required travel documents to the parent proposing to travel at least four (4) weeks prior to the proposed travel or within seven (7) days of notice being received pursuant to Order 23(b)(i) (whichever is the earlier in time)
27. In the event the children’s passport/s are required to be renewed or replaced, each parent will do all acts and things and sign all documents as are necessary to cause the children to be issued with a replacement passport and the parents shall equally share the costs associated with this.
28. In the event of non-compliance by the Mother with Order 27 above, and pursuant to s11(b) of the Australian Passports Act 2005, the Father shall be permitted to apply for a passport/s (including renewal or replacement application/s) without the consent or signature of the Mother first obtained.
Restraints/ injunctions
29. Both parties are restrained by way of injunction from the following:
(a) Making critical or derogatory remarks in relation to the other parent or members of that parent's family in the presence or hearing of the children or allowing the children to remain in the presence of any other third party who is denigrating the children;
(b) Showing the children any document associated with these proceedings;
(c) Using the children as messengers between the parties;
30. Pursuant to section 68B of the Family Law Act 1975 (Cth), the Father shall be and is hereby restrained from allowing the children to come into contact with Mr C (cousin of the Father).
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
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.