MacDuff and Seaward

[2014] FCCA 1012

FEDERAL CIRCUIT COURT OF AUSTRALIA

MACDUFF & SEAWARD [2014] FCCA 1012

Catchwords:
FAMILY LAW – Parenting – urgent application by mother for passport orders and permission for children to travel overseas – father opposes application – long history of litigation between the parties – final parenting orders provide for mother to have sole parental responsibility and for the children to spend supervised time with the father – whether costs order should be made.

Legislation:  

Family Law Act 1975, ss.60CA, 60B, 60CC, 62B, 64B, 65DA(2), 65(1), 65X, 65Y, 65Z, 117

Federal Circuit Court Rules 2001, r.21.02
Family Law Regulations 1984, r.12
Family Law Rules 2004, r.22.21
Australian Passports Act 2005, s.11
Convention on the Civil Aspects of International Child Abduction

Goode & Goode (2006) FLC 93-286
Kuebler & Kuebler (1978) FLC 90-434
Line & Line (1996) 21 Fam LR 259; (1997) FLC 92-729
Rice & Asplund (1978) 6 Fam LR 570 at 572; (1979) FLC 90-725
Seaward & MacDuff [2011] FMCAfam 986
Seaward & MacDuff [2013] FamCA 485

Applicant: MS MACDUFF

Respondent: MR SEAWARD

File Number: SYC 2177 of 2011

Judgment of: Judge Monahan

Hearing date: 15 May 2014

Date of Last Submission: 15 May 2014

Delivered at: Sydney

Delivered on: 21 May 2014

REPRESENTATION

Counsel for the Applicant: Not Applicable

Solicitors for the Applicant: Self-represented Litigant

Counsel for the Respondent: Not Applicable

Solicitors for the Respondent: Self-represented Litigant

ORDERS

1. MS MACDUFF (”the mother”) be allowed to travel to (country omitted), (country omitted) with:

   (a)X born (omitted);

   (b)Y born (omitted); and

   (c)Z born (omitted)

   (“the children”), for the period between 23 June 2014 until 13 July 2014, inclusive (“the holiday period”).

2. The mother cause the children to be seen by a general practitioner prior to the holiday period for an assessment by that general practitioner as to the children’s fitness to undertake travel by air to and from (country omitted).

3. For the duration of the holiday period the mother is to ensure that:

   (a)the children reside overnight in hotel accommodation;

   (b)the children do not travel to the areas of (country omitted), (country omitted) and the (country omitted) provinces; and

   (c)she has obtained appropriate travel insurance for herself and the children.

4. Paragraph 5 of the Orders made 15 May 2014 be discharged.

5. There be no order as to costs however the mother have liberty to re-agitate the issue of the costs of these proceedings in any further proceedings between the parties.

6. All extant applications be otherwise dismissed.

THE COURT NOTES THAT:

(A)Orders were made on 15 May 2014 which provided for the Applicant to obtain passports for the children without the consent of the Respondent.

(B)Pursuant to ss.65DA(2) and 62B of the Family Law Act 1975 (“the Act”), the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders are set out in Annexure A and those particulars are included in these orders.

IT IS NOTED that publication of this judgment under the pseudonym MacDuff…