FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Larvor & Valena [2025] FedCFamC2F 29
File number(s): DNC 324 of 2023 Judgment of: JUDGE LIVERIS Date of judgment: 16 January 2025 Catchwords: FAMILY LAW – PARENTING – relocation – reconsideration of a final parenting order made in 2019 where the mother seeks to relocate with the child where the father opposes the relocation and proposes the child live with the parties on a week about basis – where the co‑parenting relationship is characterised by significant, multifaceted and sustained conflict – consideration of the extent of the conflict between the parents and the impact on the child – consideration of whether it is in the child’s best interests to remain in City B or relocate to City C – consideration of parental responsibility – orders made permitting the mother to relocate with the child Legislation: Evidence Act 1995 (Cth) s 140
Family Law Act 1975 (Cth) ss 4AB, 60B, 60CA, 60CC, 61D(3), 61DAA, 64B, 65D, 65DAAA, 65H(2), 68B, 114AB, Part VII
Family Law Regulations 1984 (Cth) reg 19
Domestic and Family Violence Act 2007 (NT)
Cases cited: Adamson & Adamson [2014] FamCAFC 232
Boulten & Boulten [2022] FedCFamC1F 295
Denton & Denton (No 3) [2024] FedCFamC1F 476
Grainger & Grainger (No 3) [2024] FedCFamC1F 470
Grella & Jamieson [2017] FamCAFC 21
Hedlund & Hedlund [2021] FedCFamC1A 84
Heijman & D’Onofrio [2024] FedCFamC1F 551
Hopkins & Elliott [2023] FedCFamC1F 167
Kelly & Hutchens [2024] FedCFamC1F 662
Morgan & Miles [2007] FamCA 1230
Radecki & Radecki [2024] FedCFamC1A 246
Rice and Asplund (1979) FLC 90-725; [1979] FamCA 80
Slater & Light [2011] FamCAFC 1
Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247
Taylor v Barker [2007] FamCA 1246; (2007) FLC 93-345
Division: Division 2 Family Law Number of paragraphs: 239 Date of hearing: 9-13 September, 7 October 2024 Place: Darwin Counsel for the Applicant: Mr Anthill Solicitor for the Applicant: Darwin Family Law Counsel for the Respondent: Mr Fernandez Solicitor for the Respondent: Stephen Gibbons Lawyers Counsel for the Independent Children's Lawyer: Vanessa Farmer Solicitor for the Independent Children's Lawyer: AFL Withnalls ORDERS
DNC 324 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS LARVOR
Applicant
AND: MR VALENA
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE LIVERIS
DATE OF ORDER:
16 JANUARY 2025
THE COURT ORDERS THAT:
1.All previous parenting orders are discharged.
Parental Responsibility
2.The mother and father have joint parental responsibility for X born in 2015 (“the child”), and will make a genuine effort to come to a joint decision about:
(a)The child’s education, both current and future;
(b)The child’s religious and cultural upbringing;
(c)The child’s health;
(d)The child’s name;
(e)Changes to the child’s living arrangements that make it significantly more difficult for the child to spend time with a parent.
3.The parties shall use…
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CaseChat Overview and Summary
The legal issues addressed by the court included whether the relocation would be in the child's best interests, given the history of conflict between the parents, and how to manage the co-parenting relationship to minimise its impact on the child. The court examined the nature and extent of the conflict, the effect of the proposed relocation on the child's stability and well-being, and the parents' ability to cooperate in making joint decisions. It also considered the impact of the relocation on the child's access to both parents and the logistical arrangements for maintaining a relationship with the non-relocating parent.
The court found that while the conflict between the parents was significant, the mother's proposed relocation was in the child's best interests. The court concluded that the benefits of the relocation, including improved living conditions and access to better educational opportunities, outweighed the potential disruptions. The court ordered that the mother could relocate with the child, with specific arrangements for the father to maintain a meaningful relationship through agreed-upon visitation schedules and communication protocols. Joint parental responsibility was also ordered, with a framework for making joint decisions and resolving disputes. The court emphasised the need for the parents to participate in joint counselling to improve their co-parenting relationship.
The final orders included permitting the mother to relocate with the child, establishing detailed arrangements for the father's access, mandating joint parental responsibility with specific decision-making protocols, and imposing restraints on both parents to protect the child from exposure to conflict and harm. The court also outlined procedures for communication and information sharing between the parents and with the child, and set out measures to manage any future disputes.
Orders
Orders of the court
DNC 324 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS LARVOR
Applicant
AND:
MR VALENA
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE LIVERIS
DATE OF ORDER:
16 JANUARY 2025
THE COURT ORDERS THAT:
1. All previous parenting orders are discharged.
Parental Responsibility
2. The mother and father have joint parental responsibility for X born in 2015 (“the child”), and will make a genuine effort to come to a joint decision about:
(a) The child’s education, both current and future;
(b) The child’s religious and cultural upbringing;
(c) The child’s health;
(d) The child’s name;
(e) Changes to the child’s living arrangements that make it significantly more difficult for the child to spend time with a parent.
3. The parties shall use their best endeavours to reach a joint decision relating to the child’s major long-term issues. In the event that the parties are unable to reach a joint decision, the mother shall make the decision, taking into consideration the father’s views, and shall inform the father in writing as soon as reasonably practicable of the decision that has been made.
4. The parties are not required to consult, but may consult the other when making decisions while the child is in their care under this Order about issues that are not major long-term issues.
Parenting Arrangements
5. The child live with the mother.
6. The mother is permitted to relocate with the child to City C, South Australia from early 2025.
Spend Time Pending Relocation
7. Pending the mother’s relocation, the child shall spend time with the father as agreed between the parties.
8. Failing agreement, the parties have liberty to apply.
Spend Time After Relocation
9. Following the mother’s relocation, the child shall spend time with the father in City B as agreed in writing between the parties, but failing agreement, as follows:
(a) For the entire Terms 1, 2 and 3 gazetted South Australia school holiday periods and for the purposes of this order, the following shall apply:
(i) The child’s time with the father shall commence from 6:00pm on the first day of the South Australia gazetted school holiday.
(ii) The child’s time with the father shall conclude no less than seventy-two (72) hours prior to the commencement of the new school term.
(b) For three (3) weeks during the Term 4 gazetted South Australia school holiday period, being:
(i) The first three (3) weeks in 2025 and each alternate year thereafter, and the child’s time with the father shall commence from 6:00pm on the first day of the South Australia gazetted school holiday and conclude at 6:00pm on the midpoint.
(ii) The last three (3) weeks in 2026 and each alternate year, and the child’s time with the father shall commence at 6:00pm on the midpoint and conclude no less than seventy-two (72) hours prior to the commencement of the new school term.
10. For the purposes of facilitating the child’s time with the father, the following shall apply:
(a) The father shall be responsible for arranging and paying for the child’s travel from Adelaide to City B.
(b) The mother shall be responsible for arranging and paying for the child’s travel from City B to Adelaide.
(c) The mother shall be responsible for arranging and paying for the child’s travel between Adelaide and City C.
11. For the purposes of Order 10, the following shall apply:
(a) The party responsible for arranging the child’s travel shall advise the other party not less than forty-two (42) days prior to the commencement of the travel period whether the child will be travelling via air or road.
(b) Should the child be travelling by air, the party responsible for booking the travel shall book and pay for the child’s airfare, and provide a copy of the itinerary to the other party, not less than twenty-eight (28) days prior to travel.
(c) Should the child be travelling by road, the party responsible for booking the travel shall provide a written itinerary, including details of accommodation, to the other party not less than twenty-eight (28) days prior to travel.
(d) Unless otherwise agreed in writing between the parties, the child shall not travel unaccompanied until he is twelve (12) years of age, and the party responsible for booking the travel shall accompany the child on the flight.
(e) Should the child be travelling by air, changeover shall occur in City B at the City B Airport, and in Adelaide at the Adelaide Airport.
(f) Should the child be travelling by road, changeover shall occur in City B at the City B McDonald’s, and in City C, at the City C McDonald’s.
Therapeutic support
12. The parties do all things necessary to enrol and participate in joint counselling at D Centre, E Centre or a similar provider forthwith, to assist them in improving their communication and co-parenting relationship, with a focus on the child.
13. The parties participate in joint counselling for a minimum period of six (6) months, or otherwise in terms advised by the service provider.
Communication
14. The child shall communicate with the father via video call through AppClose as agreed in writing between the parties, and failing agreement, as follows:
(a) At 6:30pm (SA time) each Sunday and Wednesday;
(b) At 6:30pm (SA time) on Easter Sunday, Father’s Day, the child’s birthday, the father’s birthday, on each of the child’s siblings’ birthdays and Christmas Day in all odd-numbered years.
15. When the child is spending time with the father, the child shall communicate with the mother via video call through AppClose as agreed in writing between the parties, and failing agreement, as follows:
(a) At 6:30pm (NT time) each Sunday and Wednesday;
(b) At 6:30pm (NT time) on Easter Sunday and Christmas Day in all even‑numbered years.
16. To facilitate the child’s communication with the other party, the following shall apply:
(a) The party with whom the child is not living shall facilitate the call and ensure that the phone or device is fully charged with sufficient credit.
(b) The parent with whom the child is living shall answer the call and provide the phone or device to the child.
(c) The parent with whom the child is living shall provide privacy during communication.
(d) In the event the call is missed, the parent with whom the child is living shall return the call as soon as possible.
Communication between parties
17. The father provide the mother with confirmation of his preferred email address within one (1) month.
18. Upon compliance with Order 17, the mother shall provide the father with an email each month about the general well-being of the child and include photographs.
19. The parties will keep each other updated of their residential address and contact details, including telephone numbers and email addresses, and advise the other within twenty‑four (24) hours of any such change.
20. Each parent is to advise the other as soon as practicable of any serious illness/injury to the child and provide the details of the treating medical practitioner/s.
21. Other than in accordance with these Orders or the case of an emergency involving the child, the parties shall communicate via AppClose and be polite, respectful and child‑focussed.
Travel
22. Other than as provided for in these Orders, if either party intends to travel interstate or overseas with the child, the parent is to provide the other parent with no less than thirty (30) days notice in writing of the intended travel and provide the following:
(a) A travel itinerary.
(b) Copies of all airline or other travel tickets for departure and return.
(c) Details of all premises where the child will be staying, including contact details of the travelling parent during the period of travel.
Authorities
23. This Order is authority for the mother and father to speak with and obtain any and all information (that they are legally able to obtain) from the child’s education facilities, including but not limited to school notices, newsletters, report cards and school photographs (at the requesting parent’s cost).
24. This Order is authority for the mother and father to speak with and obtain any and all information (which they are legally able to obtain) in respect to the child’s health and wellbeing from the child’s medical practitioners, specialists, hospitals, psychologists and counsellors, including but not limited to medical reports, progress notes and attendance notes (at the requesting parent’s cost).
25. The parties are authorised to provide these Orders to:
(a) any school or other educational facility that the child attends;
(b) any medical practitioner or allied health professional that the child attends on or may attend upon;
(c) any professional supervisor/supervision agency; and
(d) any other person/organisation who is required to obtain information in relation to the child.
Restraints
26. Pursuant to s 68B of the Family Law Act 1975 (Cth), the father is restrained and injuncted from:
(a) Using physical discipline on the child or permitting others to do so.
(b) Consuming alcohol to excess or consuming illicit drugs whilst caring for the child or allowing the child to remain in the presence of others who are doing so.
(c) Denigrating the mother or any member of her family or persons of significance via any social media platform, or in the presence of or within the hearing of the child, and the father shall remove the child from the hearing of anyone else who may be denigrating the mother or her partner or family.
(d) Discussing the court proceedings with the child, or allowing the child to read or view any court documents.
(e) Posting on any social media account (irrespective of whether the profile page is set to “private” or “friends only”) negative or derogatory comments about the mother or her partner or family.
(f) Recording or attempting to record, film or photograph the mother or family member without consent.
27. On and from late 2025, or otherwise upon the revocation of the domestic violence order dated late 2023, pursuant to s 68B of the Family Law Act 1975 (Cth), the father is restrained and injuncted from:
(a) Exposing the child to parental conflict.
(b) Exposing the child to family and domestic violence or permitting others to do so.
(c) Causing or threatening to harm, attempting or threatening to cause harm to the mother.
(d) Causing or threatening damage to the mother’s property.
(e) Intimidating, harassing or verbally abusing the mother.
(f) Stalking the mother.
28. Pursuant to s 68B of the Family Law Act 1975 (Cth), the mother is restrained and injuncted from:
(a) Exposing the child to parental conflict.
(b) Using physical discipline on the child or permitting others to do so.
(c) Exposing the child to family and domestic violence or permitting others to do so.
(d) Consuming alcohol to excess or consuming illicit drugs whilst caring for the child or allowing the child to remain in the presence of others who are doing so.
(e) Causing or threatening to harm, attempting or threatening to cause harm to the father.
(f) Causing or threatening damage to the father’s property.
(g) Intimidating, harassing or verbally abusing the father.
(h) Stalking the father.
(i) Denigrating the father or any member of his family or persons of significance via any social media platform, or in the presence of or within the hearing of the child, and the mother shall remove the child from the hearing of anyone else who may be denigrating the father or his partner or family.
(j) Discussing the court proceedings with the child, or allowing the child to read or view any court documents.
(k) Posting on any social media account (irrespective of whether the profile page is set to “private” or “friends only”) negative or derogatory comments about the father or his partner or family.
(l) Recording or attempting to record, film or photograph the father or family member without consent.
Other Matters
29. In the event that there is a dispute about the child, parenting arrangements or about the interpretation and/or implementation of these Orders, the parties shall, before making any further application to the Federal Circuit and Family Court of Australia:
(a) Attend counselling or mediation with an organisation recognised under the Family Law Act 1975 (Cth) or by the Commonwealth Attorney-General; or
(b) Participate in Family Dispute Resolution with a Family Relationships Centre or a person authorised under Section 10G of the Family Law Act 1975 (Cth).
30. The Independent Children’s Lawyer be and is hereby discharged upon meeting with the child to explain these Orders.
31. All extant applications be otherwise dismissed.
AND THE COURT NOTES:
A. The Court expects that the parties can reach agreement about the time that the child will spend with the father pending his relocation to City C, particularly as, pursuant to these Orders, that may occur imminently.
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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