Nielsen and Springer (No 2)

[2020] FamCA 1079

FAMILY COURT OF AUSTRALIA

NIELSEN & SPRINGER (NO. 2) [2020] FamCA 1079

FAMILY LAW – CHILDREN – Where final parenting orders were made in September 2019 after a defended hearing – Consideration of the rule in Rice & Asplund – Where the mother unilaterally moved to New South Wales – Where the father seeks that the mother do return the children to their principle place of residence in Adelaide – Whether it is in the best interests of the children to re-litigate parenting issues – Where there is a sufficient change in circumstances to satisfy the rule in Rice & Asplund – Parenting proceedings to be revisited on an adjourned date for future progress of the matter.

Family Law Rules 2004 (Cth) r 5.09

Marsden & Winch [2009] FamCAFC 152
Rice & Asplund (1979) FLC 90-725
SPS & PLS (2008) FLC 93-363
Swenson & Brantley (No.2) [2020] FamCAFC 205

APPLICANT: Ms Springer

RESPONDENT: Mr Nielsen

FILE NUMBER: ADC 1483 of 2017

DATE DELIVERED: 17 December 2020

PLACE DELIVERED: Adelaide

PLACE HEARD: Adelaide

JUDGMENT OF: Mead J

HEARING DATE: 10 September 2020

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Bowler of Counsel

SOLICITOR FOR THE APPLICANT: Georgina Parker Lawyers

COUNSEL FOR THE RESPONDENT: Mr Anderson of Counsel

SOLICITOR FOR THE RESPONDENT: CG Family Law

Orders

1. That paragraph 1 of the interim orders sought by the father in his amended response filed 25 August 2020 be dismissed.

2. That the matter be listed on 2 February 2021 at 9.30 am for directions as to the future progress of the matter.

Note: The form of the order is subject to the entry of the order in the Court’s records.

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

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT ADELAIDE

FILE NUMBER: ADC 1483 of 2017

Ms Springer

Applicant

And

Mr Nielsen

Respondent

REASONS FOR JUDGMENT

Introduction

1. Over five days in May and July 2019, Berman J heard evidence from Mr Nielsen (hereinafter referred to as “the father”) and Ms Springer (hereinafter referred to as “the mother”) with respect to their competing parenting and property settlement applications.

2. His Honour delivered judgment on 17 September 2019.

3. The orders sought by the parties with respect to parenting issues were set out in paragraphs 16 and 17 of His Honour’s judgment.

4. The father sought the following parenting orders:

   ·equal shared parental responsibility for the children; and

   ·that the children live with each of the parties on a week about basis with provisions for special occasions.

5. The mother sought the following parenting orders:

   ·sole parental responsibility for the children;

   ·the children live…