Lee and Zaplan

[2015] FCCA 3258

FEDERAL CIRCUIT COURT OF AUSTRALIA

LEE & ZAPLAN [2015] FCCA 3258

Catchwords:
FAMILY LAW – Interim arrangements for child aged 5 years – nature of interim hearing – orders pending final hearing scheduled for May of 2016 – family report ordered but not as yet to hand – significant disputes of fact – allegations of family violence – presumption of equal shared parental responsibility – which school should child attend pending final hearing – meaningful parental relationships – section 60CC factors – best interests.

Legislation:

Family Law Act 1975, ss.4AB, 60CA, 60CC, 61DA

Goode & Goode (2006) FLC 93-286
re G: Children’s Schooling (2000) FLC 93-025
Eden & Eden-Proust [2011] FamCAFC 138

Applicant: MR LEE

Respondent: MS ZAPLAN

File Number: ADC 2138 of 2015

Judgment of: Judge Brown

Hearing date: 3 December 2015

Date of Last Submission: 3 December 2015

Delivered at: Adelaide

Delivered on: 8 December 2015

REPRESENTATION

Counsel for the Applicant: Ms Horvat

Solicitors for the Applicant: Rudall & Rudall

Counsel for the Respondent: Mr Charman

Solicitors for the Respondent: Ian Charman & Associates

ORDERS

UNTIL FURTHER OR OTHER ORDER

1. The child X born (omitted) 2010 live with the mother.

2. The father spend time with the child X as follows:

   (a)each Thursday, Sunday and Tuesday of each week between 10:00am and 5:00pm commencing on 10 December 2015; and

   (b)on Christmas Day 2015 between 10:00am and 5:00pm.

3. All handovers other than those which occur at school pursuant to order 5 hereof take place at the (omitted) Police Station.

4. The mother is authorised by these orders to enrol the child at the (omitted) Primary School at the commencement of the school year in 2016.

5. The father spend time with the child X commencing Term 1 in 2016 from after school on Tuesdays and Thursdays until 6:30pm with the father to collect the child from the school and return the child to the mother at the (omitted) Police Station.

6. Further consideration of the matter is adjourned to 24 March 2016 at 9:30am.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT ADELAIDE

ADC 2138 of 2015

MR LEE

Applicant

And

MS ZAPLAN

Respondent

REASONS FOR JUDGMENT

Introduction

1. This judgment relates to appropriate interim arrangements for the care of a five year old child, X born (omitted) 2010, until the final hearing, which is currently scheduled for 26 & 27 May 2016.

2. In conjunction with the final hearing, it has been ordered that a family report be prepared.  This report will examine X’s relationship with her mother, Ms Zaplan (also known as Ms Zaplan) and her father, Mr Lee.  The report is expected to be to hand on 7 March 2016. 

3. The father seeks that X should live mainly with him or failing that, in a shared care arrangement.  The mother asserts that she has always been X’s primary carer and that the father is a violent…