Morrison and Pemberton

[2016] FamCA 18

FAMILY COURT OF AUSTRALIA

MORRISON & PEMBERTON [2016] FamCA 18

FAMILY LAW – CHILDREN - With whom a child lives – Relocation – Where the mother is permitted to relocate the residence of the child - Where sole parental responsibility was ordered in relation to education but equal shared parental responsibility was ordered for all other aspects of the child’s life

APPLICANT: Ms Morrison

RESPONDENT: Mr Pemberton

FILE NUMBER: CAC 1363 of 2012

DATE DELIVERED: 8 January 2016

PLACE DELIVERED: Canberra

PLACE HEARD: Canberra

JUDGMENT OF: Faulks DCJ

HEARING DATE: 19, 20, 21 May 2015; 18 June 2015

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Haughton

SOLICITOR FOR THE APPLICANT: Mazengarb Family Lawyers

COUNSEL FOR THE RESPONDENT: Ms Tonkin

SOLICITOR FOR THE RESPONDENT: Elringtons

Orders

IT IS ORDERED THAT:

1. The mother and father have equal shared parental responsibility for the child B (born … 2003) in matters OTHER THAN in relation to the child’s education.

2. The mother have sole parental responsibility in relation to the child’s education.

3. Notwithstanding Order 2, the mother will consult with the father in relation to decisions about the child’s education in an effort reach agreement. However, if such agreement cannot be reached, the mother will make the final decision in matters of education.

4. The child will live primarily with her mother.

5. The mother is permitted to relocate the child’s residence to the C Town area in New South Wales.

6. Unless otherwise agreed, in 2016 the child will spend time with her father:

a.Every second weekend from Friday at 7.00pm to the following Sunday at 4.00pm or Monday at 4.00pm if the Monday is a public holiday.

b.For the first half of each the school holiday periods.

1. Unless otherwise agreed, for the purposes of Order 6 b time for the first half of the school holidays will commence at 7.00pm on the Friday after the last day of the school term, and will finish at 12.00 noon on the middle day of the school holidays, or on the day after the middle day if there are an even number of days in the holiday period.

2. Unless otherwise agreed, for the purposes of Order 6 b time for the second half of the school holidays will commence at 12.00noon on the middle day of the school holidays, or the day after the middle day if there are an even number of days, and will conclude at 4.00pm on the day before the school term resumes.

3. Unless otherwise agreed, for the purposes of Order 6 changeover will occur at the Service Centre in D Town in New South Wales.

10.Notwithstanding Order 6, unless the parties otherwise agree, the child will spend the weekend on which Fathers’ Day falls with her father and the weekend on which Mothers’ Day falls with her mother in substitution for the next weekend that she would spend with that parent. (It is noted that this may mean that the child spends two weekends in a row with a parent and two weekends away from another parent.)

11.Both parents will, to the best of their ability, endeavour to accommodate any request by the child to swap weekends or alter holiday time arrangements to facilitate her desire to attend extra-curricular or other social and educational engagements.

12.From the 31^st of January 2017 onwards the child will spend time with her father as she may choose to do so. It is however expected that both parents will encourage the child to spend approximately the same amount or more time with her father than she did during 2016 and these orders prescribe. In addition, each parent will do such things as may be necessary to facilitate the child spending time with her father in accordance with her wishes.

13.Each parent will pay half of a pre-paid mobile telephone plan for the child and continue to maintain the plan.

14.The child may contact either parent by telephone at any reasonable time, but not less than once per fortnight. Each parent will encourage and facilitate the child’s contacting the parent with whom she is not currently spending time.

15.Either parent may contact the child on her mobile telephone at any reasonable time.

16.Each parent do all things necessary to ensure that the child maintains a current passport.

17.a. Each parent will provide to the other parent three months’ written notice of their intention to travel overseas with the child. Permission to travel with the child will not be unreasonably withheld by the non-travelling parent if the travel is in accordance with the child’s wishes.

b.The travelling parent will provide to the other parent an itinerary for overseas travel no less than one month prior to the date of departure. Such an itinerary is to include flight details, accommodation addresses and telephone numbers at which the child can be reached.

18.Pursuant to s 62B and s 65DA(2), 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 to adjust to and comply with an order, are set out in the document entitled Parenting orders - obligations, consequences and who can help, a copy of which is annexed to these orders.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Morrison & Pemberton has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT CANBERRA

FILE NUMBER: CAC 1363 of 2012

Ms Morrison

Applicant

And

Mr Pemberton

Respondent

REASONS FOR JUDGMENT

1. In the matter of Morrison and Pemberton, I have taken the somewhat unusual course this morning of making orders in relation to children matters relating to B to enable the parties to make their arrangements about schooling for this year, given the substance of the matter.  The judgment in relation both to parenting matters and reasons for judgment, more specifically, and about property will be delivered in the course of the next week. 

2. The orders I make are as follows:

3. The mother and father have equal shared parental responsibility for the child B (born in 2003) in matters OTHER THAN in relation to the child’s education.

4. The mother have sole parental responsibility in relation to the child’s education.

5. Notwithstanding Order 2, the mother will consult with the father in relation to decisions about the child’s education in an effort reach agreement. However, if such agreement cannot be reached, the mother will make the final decision in matters of education.

6. The child will live primarily with her mother.

7. The mother is permitted to relocate the child’s residence to the C Town area in New South Wales.

8. Unless otherwise agreed, in 2016 the child will spend time with her father:

   a)Every second weekend from Friday at 7.00pm to the following Sunday at 4.00pm or Monday at 4.00pm if the Monday is a public holiday.

   b)For the first half of each the school holiday periods.

9. Unless otherwise agreed, for the purposes of Order 6 b time for the first half of the school holidays will commence at 7.00 pm on the Friday after the last day of the school term, and will finish at 12.00 noon on the middle day of the school holidays, or on the day after the middle day if there are an even number of days in the holiday period.

10. Unless otherwise agreed, for the purposes of Order 6 b time for the second half of the school holidays will commence at 12 noon on the middle day of the school holidays, or the day after the middle day if there are an even number of days, and will conclude at 4.00 pm on the day before the school term resumes.

11. Unless otherwise agreed, for the purposes of Order 6 changeover will occur at the Service Centre in D Town in New South Wales.

12. Notwithstanding Order 6, unless the parties otherwise agree, the child will spend the weekend on which Fathers’ Day falls with her father and the weekend on which Mothers’ Day falls with her mother in substitution for the next weekend that she would spend with that parent. (It is noted that this may mean that the child spends two weekends in a row with a parent and two weekends away from another parent.)

13. Both parents will, to the best of their ability, endeavour to accommodate any request by the child to swap weekends or alter holiday time arrangements to facilitate her desire to attend extra-curricular or other social and educational engagements.

14. From 31 January 2017 onwards the child will spend time with her father as she may choose to do so. It is however expected that both parents will encourage the child to spend approximately the same amount or more time with her father than she did during 2016 and these orders prescribe. In addition, each parent will do such things as may be necessary to facilitate the child spending time with her father in accordance with her wishes.

15. Each parent will pay half of a pre-paid mobile telephone plan for the child and continue to maintain the plan.

16. The child may contact either parent by telephone at any reasonable time, but not less than once per fortnight. Each parent will encourage and facilitate the child’s contacting the parent with whom she is not currently spending time.

17. Either parent may contact the child on her mobile telephone at any reasonable time.

18. Each parent do all things necessary to ensure that the child maintains a current passport.

19. Each parent will provide to the other parent three months’ written notice of their intention to travel overseas with the child. Permission to travel with the child will not be unreasonably withheld by the non-travelling parent if the travel is in accordance with the child’s wishes.

20. The travelling parent will provide to the other parent an itinerary for overseas travel no less than one month prior to the date of departure. Such an itinerary is to include flight details, accommodation addresses and telephone numbers at which the child can be reached.

21. Pursuant to s 62B and s 65DA(2), 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 to adjust to and comply with an order, are set out in the document entitled Parenting orders - obligations, consequences and who can help, a copy of which is annexed to these orders.

I certify that the preceding twenty-one (21) paragraphs are a true copy of the reasons for judgment of the Honourable Deputy Chief Justice Faulks delivered on 8 January 2016.

Associate:

Date:  22 January 2016