Long and Long (No.2)

[2017] FCCA 3118

FEDERAL CIRCUIT COURT OF AUSTRALIA

LONG & LONG (No.2) [2017] FCCA 3118

Catchwords:
FAMILY LAW – Parenting – Contravention application – contravention application dismissed – variation of past final parenting orders.

Legislation:

Family Law Act 1975, ss.70NAC, 70NAE, 70NBA, 60B, 60CA, 60CC

Cases cited:

Long & Long [2014] FCCA 1734

Rice & Asplund (1979) FLC 90 – 725

Tindall & Saldo [2015] FamCAFC 1

Applicant: MR LONG

Respondent: MS LONG

File Number: PAC 4450 of 2012

Judgment of: Judge Newbrun

Hearing date: 29 May 2017

Date of Last Submission: 30 November 2017

Delivered at: Parramatta

Delivered on: 14 December 2017

REPRESENTATION

Applicant: Self-represented

Respondent: Self-represented

ORDERS

1. The mother’s application that she have sole parental responsibility for the children, referred to in her Reply filed 4 March 2016, is dismissed.

2. The father’s Contravention Application filed 26 July 2016 is dismissed.

3. Orders 15, 16 and 17 of the Court’s orders of 25 June 2014 are varied such that those orders will now provide as follows:

   Order 15: commencing 15 December 2017, once in every 3 month period, the father is permitted to travel to Queensland with the children for a block period of up to 5 nights (subject to an extension of this 5 night block period during, and only to the extent of, the father’s permitted school holiday time with the children) upon the father giving at least 28 days’ notice of the date of travel to the mother.

   Order 16: Any travel to Queensland authorised by order 15 above shall only occur:

   (a)during any school holiday period that the father is entitled to spend with the children pursuant to order 8, or

   (b)during the time that the father is entitled to spend with the children pursuant to order 7 g), with the father being permitted to extend such time in order 7 g) (so as to total 5 nights) until the commencement of school Thursday in the first week.

   Order 17: For the purpose of orders 15 and 16, the father is to provide to the mother the address and contact details of any place where he and the children will be staying throughout the period of travel.

THE COURT NOTES THAT:

1. At the hearing, the Court notes the father was content that the mother be permitted to authorise the children to receive the usual immunisations.

IT IS NOTED that publication of this judgment under the pseudonym Long & Long (No.2) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

PAC 4450 of 2012

MR LONG

Applicant

And

MS LONG

Respondent

REASONS FOR JUDGMENT

Introduction

1. The children the subject of the present applications before the Court are X born (omitted) 2009 and Y born (omitted) 2010.

2. The applications presently before the Court are:

   a)The father’s Contravention Application filed 26 July 2016;

   b)The mother’s Reply filed 4 March 2016, specifically, the mother’s proposed orders that:

   i)the mother have sole parental responsibility for the children; this proposed order is opposed by…