FEDERAL CIRCUIT COURT OF AUSTRALIA
| MINETT & ANOR & BRANSON | [2014] FCCA 2462 |
| Catchwords: FAMILY LAW – Parenting – dispute between Maternal Grandparents and Father – Mother deceased – need to protect Child’s relationship with all parties – geographical distance between the parties – Child to remain living with Maternal Grandparents. |
| Legislation: Family Law Act 1975, ss.60B, 60CA, 60CC, 61DA, 64B, 65DAA, 65DAC |
| Cases cited: Aldridge & Keaton [2009] FamCAFC 229 Burton & Churchin & Anor [2013] FamCAFC 180 Donnell & Dovey [2010] FamCAFC 15 H v W (1995) FLC 92-598 at 81,947-8 |
| First Applicant: | MR MINETT |
| Second Applicant: | MS MINETT |
| Respondent: | MR BRANSON |
| File Number: | SYC 7336 of 2012 |
| Judgment of: | Judge Sexton |
| Hearing dates: | 11, 12, 13 and 26 August 2014 |
| Date of Last Submission: | 26 August 2014 |
| Delivered at: | Sydney |
| Delivered on: | 28 October 2014 |
REPRESENTATION
| Counsel for the Applicant: | Mr Steward |
| Solicitors for the Applicant: | Jason Li Lawyers |
| Counsel for the Respondent: | Ms Kennedy |
| Solicitors for the Respondent: | Brazel Moore Lawyers |
| Advocate for the Independent Children’s Lawyer: | Ms Karagiannis |
| Solicitors for the Independent Children’s Lawyer: | Legal Aid Commission NSW |
THE COURT ORDERS THAT:
All previous parenting orders relating to the Child [X] born (omitted) 2004 be discharged.
The Maternal Grandparents and the Father have equal shared parental responsibility for [X].
[X] live with the Maternal Grandparents.
[X] spend time with the Father during school terms as follows:
(a)From Friday at 5.00p.m. until Sunday at 6.00p.m. (or Monday at 5.00p.m. if a long weekend or pupil free day) on the first two of every three weekends in every 3 week cycle, commencing on the first weekend after these Orders are made and on the first weekend of each school term.
(b)The Father ensure [X] attends his sporting commitments on Saturday morning and be at liberty to advise the Maternal Grandparents in advance of any contact weekend that he will collect [X] after sport on Saturday morning rather than on Friday evening at 5.00p.m, when changeover will occur at the sports venue unless otherwise agreed.
(c)For 2 hours (or longer if agreed) following any sporting event involving [X] on the Saturday morning of the third weekend (the non-contact weekend) upon the Father giving the Maternal Grandparents at least 3 days notice of his intention to exercise such contact, with such contact to occur in the vicinity of [X]’s home (or the sports venue) in Sydney.
(d)On [X]’s birthday, if a non-contact period, for at least 3 hours in Sydney, precise times by arrangement with the Maternal Grandparents.
(e)On the Father’s birthday, if a non-contact period, for at least 3 hours in Sydney, precise times…
Keep reading for free
Create a free CaseChat account to read Minett and Anor and Branson and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2014] FCCA 2462
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining the nature of parental responsibility, where [X] should live, and the extent of time [X] should spend with each party. Additionally, the court had to consider provisions for communication, holiday arrangements, and the involvement of each party in [X]'s education and extracurricular activities. The court also addressed the need for counselling for the maternal grandparents and outlined procedures for dispute resolution and overseas travel.
In its reasoning, the court discharged all previous parenting orders and made new orders establishing equal shared parental responsibility between the maternal grandparents and the father. The court ordered that [X] live with the maternal grandparents, with specific provisions for time spent with the father during school terms and holidays, including detailed arrangements for Christmas. The court also made orders regarding communication, the father's involvement in [X]'s school and extracurricular activities, and the exchange of information between the parties. Furthermore, the court mandated counselling for the maternal grandparents and established a framework for future dispute resolution through mediation. The court also included orders restraining the parties from discussing the proceedings with [X] or on social media, and from making negative comments about each other.
Orders
Orders of the court
1.
All previous parenting orders relating to the Child [X] born (omitted) 2004 be discharged.
2.
The Maternal Grandparents and the Father have equal shared parental responsibility for [X].
3.
[X] live with the Maternal Grandparents.
4.
[X] spend time with the Father during school terms as follows:
(a) From Friday at 5.00p.m. until Sunday at 6.00p.m. (or Monday at 5.00p.m. if a long weekend or pupil free day) on the first two of every three weekends in every 3 week cycle, commencing on the first weekend after these Orders are made and on the first weekend of each school term.
(b) The Father ensure [X] attends his sporting commitments on Saturday morning and be at liberty to advise the Maternal Grandparents in advance of any contact weekend that he will collect [X] after sport on Saturday morning rather than on Friday evening at 5.00p.m, when changeover will occur at the sports venue unless otherwise agreed.
(c) For 2 hours (or longer if agreed) following any sporting event involving [X] on the Saturday morning of the third weekend (the non-contact weekend) upon the Father giving the Maternal Grandparents at least 3 days notice of his intention to exercise such contact, with such contact to occur in the vicinity of [X]’s home (or the sports venue) in Sydney.
(d) On [X]’s birthday, if a non-contact period, for at least 3 hours in Sydney, precise times by arrangement with the Maternal Grandparents.
(e) On the Father’s birthday, if a non-contact period, for at least 3 hours in Sydney, precise times by arrangement with the Maternal Grandparents.
(f) In the event Mother’s Day falls on one of the Father’s contact weekends, that weekend be substituted for the preceding or the following weekend so that [X] spends the Mother’s Day weekend with the Maternal Grandparents.
(g) In the event Father’s Day falls on one of the Maternal Grandparents’ contact weekends, that weekend be substituted for the preceding or the following weekend so that [X] spends the Father’s Day weekend with the Father.
(h) At other times as agreed.
5.
[X] spend time with the Father during school holidays at the end of Terms 1, 2 and 3 as follows:
(a) During 8 nights of the holiday period from the first Saturday at 10.00a.m. until the middle Sunday at 5.00p.m.
(b) Such time in (a) be extended by 2 nights in any school holiday period in which the Father proposes to take [X] away from his home on a holiday.
(c) The Father give the Maternal Grandparents notice of any such proposed holiday in (b) at least 14 days before the end of the relevant school term.
6.
[X] spend time with the Father during Christmas school holidays as follows:
(a) From Christmas Eve 2014 at 5 p.m. (or 10.00a.m. Christmas Eve if the Father is not working) until midday on 12 January 2015.
(b) For a period of 21 nights from 27 December at 10.00a.m. in 2015 and in all odd numbered years thereafter, and from 5.00p.m. Christmas Eve (or 10.00a.m if the Father is not working on that day) in 2016 and in all even numbered years thereafter.
(c) Should he wish to do so, the Father be at liberty to spend time with [X] for 2 hours on Christmas morning in the vicinity of [X]’s home when [X] is spending Christmas Day with the Maternal Grandparents, and in default of agreement as to time, from 10.00a.m. until midday on Christmas Day.
(d) In the event the Father wishes to spend time with [X] in accordance with (c) above, the Father give the Maternal Grandparents at least 7 days’ notice of his intention.
(e) Should the parties all prefer a changeover on Christmas Day afternoon, they are at liberty to make this change from Christmas Day 2015.
7.
These Orders do not prevent [X] spending additional time with the Father by agreement with the Maternal Grandparents at their home or at any other agreed location.
8.
Except as otherwise provided or otherwise agreed, changeover occur at (omitted) overflow carpark, but in the event either party is travelling closer to the other’s residence at the time of changeover, that party advise the other in advance to arrange a more convenient changeover venue.
9.
Subject to Order (10), the Father retain [X]’s passport and keep his passport current.
10.
The parties be at liberty to take [X] overseas during that party’s allocated time in school holidays, unless other times are agreed, on condition that the party proposing to travel with [X]:
(a) Provides the other party at least 8 weeks’ notice of the intention to travel and provides full details of the proposed itinerary, accommodation and contact details of each travel destination.
(b) Facilitates telephone/electronic communication between [X] and the non-travelling party at least twice a week during the period of travel.
(c) The Father provides [X]’s passport to the Maternal Grandparents at least 6 weeks in advance of any proposed overseas travel and the Maternal Grandparents return [X]’s passport to the Father within 14 days of their return to Australia, or as otherwise agreed.
11.
[X] have telephone communication (or Skype or Facetime or any other form of electronic communication) with the Father at any reasonable time, but the Maternal Grandparents ensure [X] telephones the Father at least twice a week during each school week, and during all holiday periods [X] is in their care, between 7 and 8 p.m. on Mondays and Thursdays, and on Christmas Day when [X] is in their care, or as otherwise agreed.
12.
The Father ensure [X] telephones the Maternal Grandparents on Christmas Day when [X] is in his care and at least once a week when [X] is in the Father’s care during school holidays.
13.
The Father be at liberty to attend all sports and other extra-curricular events involving [X] to which parents are invited, whether at [X]’s school or outside the school.
14.
The Father be at liberty to attend all concerts, speech days, parent-teacher nights, award ceremonies or any other event involving [X] at his school or in relation to his extra-curricular activities.
15.
The Maternal Grandparents notify the Father as soon as they become aware of an event or activity involving [X] whether or not the school may have issued a separate invitation to the Father.
16.
The Maternal Grandparents provide [X]’s school with the authority required for the school to provide the Father with copies of [X]’s school reports or any other information relating to discipline, or his progress or welfare generally.
17.
The parties advise each other immediately, or as soon as practicable, of any medical or other emergency involving [X].
18.
The Maternal Grandparents email the Father at least once a week during each school term to advise the Father about [X]’s activities, and his welfare generally, to ensure the Father is kept informed about all issues of importance involving [X].
19.
The Maternal Grandparents and the Father be restrained from discussing with [X] any aspect of these proceedings or from showing [X] any document relating to the proceedings and shall use their best endeavours to ensure that no other person does so, except to briefly explain this decision.
20.
The Maternal Grandparents and the Father be restrained from disclosing anything about these proceedings on social media.
21.
The Maternal Grandparents and the Father be restrained from making any negative comment about the other or any member of the other’s family within the hearing of [X] and ensure no other person does so.
22.
Within 4 weeks of these Orders, each of the Maternal Grandparents make an appointment for counselling with a psychologist or family therapist, to attend either jointly or individually to address the issues raised in the Family Report, including the importance of their ongoing support of [X]’s relationship with the Father in the short and long term.
23.
The Maternal Grandparents provide details of their psychologist/therapist to the Independent Children’s Lawyer and the Father’s solicitor as soon as identified, and within 6 months provide verification of their attendance on at least 6 occasions.
24.
The Maternal Grandparents continue in counselling for a minimum of six sessions and thereafter continue for as long as recommended by their psychologist/therapist.
25.
The Maternal Grandparents provide a copy of these Orders and Reasons for Judgment, and a copy of the Family Consultant’s report to their psychologist(s)/therapists and provide verification of their compliance with Order (22) to the Independent Children’s Lawyer within 6 weeks, and provide verification of their compliance with Order (23) to the Independent Children’s Lawyer within 6 months.
26.
The Independent Children’s Lawyer remain in the matter until she has received notification in accordance with Order 25, and have liberty to relist this matter within that period.
27.
The parties keep each other advised of any change in their residential address, landline and mobile telephone numbers, immediately any change occurs.
28.
In the event the parties are unable to reach agreement about the terms or operation of these orders or about any major decision concerning [X] for which they are equally responsible, the parties engage in mediation at Relationships Australia, Unifam, Interrelate or other similar Agency or with a Family Dispute Resolution Practitioner in a genuine attempt to resolve the issue, before resorting to further litigation.
29.
Pursuant to section 65DA(2) of the Family Law Act 1975 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 these particulars are included in these orders.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.