Lavastos and Sill

[2009] FamCA 118

FAMILY COURT OF AUSTRALIA

LAVASTOS & SILL [2009] FamCA 118

FAMILY LAW – CHILDREN – Relocation – Consent

Family Law Act 1975 (Cth)

APPLICANT: Mr Lavastos

RESPONDENT: Ms Sill

FILE NUMBER: MLC 513 of 2009

DATE DELIVERED: 16 February 2009

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 16 February 2009

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr W. Dunstan

SOLICITOR FOR THE APPLICANT: Bowlen Dunstan & Associates Pty

COUNSEL FOR THE RESPONDENT: No appearance

Orders

BY CONSENT IT IS ORDERED:

1. That paragraphs 1 to 5 (inclusive) of the Orders of Senior Registrar Fitzgibbon on 27 January 2009 be discharged.

2. That the mother and the father have equal shared parental responsibility for the child of the relationship, … born … January 2006.

3. That the child live with the mother.

4. That the mother be permitted to relocate with the child to the State of Queensland.

5. That the child spend time and communicate with the father as follows:

   (a)in the first weekend of every month from 6:00 pm Friday to 7:00 pm Sunday, with the child to be delivered to the father’s residence at the commencement of time, and be collected from his residence at the conclusion of time by the mother and/or her agent;

   (b)in Queensland in the third weekend of each month from 6:00 pm Friday to 7:00 pm Sunday;

   (c)in 2009 and each alternate year thereafter, from 6:00 pm 24 December to 7:00 pm 27 December in Melbourne, with the child to be delivered to the father’s residence at the commencement of time, and be collected from his residence at the conclusion of time by the mother and/or her agent;

   (d)in 2010 and each alternate year thereafter, from 6:00 pm on 31 December to 7:00 pm on 2 January in Melbourne, with the child to be delivered to the father’s residence at the commencement of time, and be collected from his residence at the conclusion of time by the mother and/or her agent;

   (e)       at such other times as agreed between the parties.

6. That the costs of the child’s airfares to facilitate time pursuant to paragraph 4 hereof be borne equally by the parties.

7. That in the event that the father is unable to spend time with the child pursuant to paragraphs 5(a) or (b) due to the child’s ill health, the mother shall forthwith provide to the father a copy of the child=s medical certificate, and the father’s time by way of makeup shall take place the following weekend.

8. That the mother advise the father and keep the father advised from time to time of the following:

   (a)       any significant illness of the child; and

   (b)any hospitalisation of the child including the expected duration of, and the reason for the child’s admission, and the name of the child’s treating doctor.

9. That pursuant to Sections 65DA(2) and 62B the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and those particulars are included in these orders.

10. That all extant applications be otherwise dismissed.

IT IS DIRECTED

1. That the Minutes of Consent Orders remain on the Court file.

NOTATION

A.It is intended to review these Orders upon the child commencing her primary schooling.

IT IS NOTED that publication of this judgment under the pseudonym Lavastos & Sill is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER:  MLC 513 of 2009

MR LAVASTOS

Applicant

And

MS SILL

Respondent

REASONS FOR JUDGMENT

1. This is a matter that was before the senior registrar on 27 January 2009 at which stage the father was represented and the mother appeared in person.  There is one child of the relationship, a daughter, who was born in January 2006 and there was no dispute that the child should live with the mother.  The argument on that occasion related to the mother wishing to move the child to the state of Queensland. 

2. As I recall the material, the mother's partner had already moved to Queensland and the senior registrar ordered, after a brief hearing, that she be restrained from so moving.

3. The parties have now reached agreement under which the child will move to Queensland and there is common agreement as to the future arrangements in relation to the child.

4. The mother is not here today but has signed a letter agreeing to the terms of the orders and, under those circumstances, having regard to the fact that they favour her, I see no reason why I would not make them in those terms. 

5. The one that is not encompassed in the minutes is the discharge of the orders of the senior registrar and I propose to make that order as well.

I certify that the preceding Five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin

Associate: 

Date:  24 February 2009