NORSIC & NORSIC

[2013] FamCA 98

FAMILY COURT OF AUSTRALIA

NORSIC & NORSIC [2013] FamCA 98

FAMILY LAW - CHILDREN - Best interests

APPLICANT: Ms Norsic

RESPONDENT: Mr Norsic

FILE NUMBER: TVC 764 of 2010

DATE DELIVERED: 05 February 2013

PLACE DELIVERED: Adelaide

PLACE HEARD: Townsville

JUDGMENT OF: Tree J

HEARING DATE: 29 January 2013

REPRESENTATION

COUNSEL FOR THE APPLICANT:

SOLICITOR FOR THE APPLICANT: Self Represented

COUNSEL FOR THE RESPONDENT: Mr Betts

SOLICITOR FOR THE RESPONDENT: Kelly Legal

Orders

1. That the Initiating Application filed 4 December 2012 be dismissed.

2. That there be no order as to costs.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Norsic & Norsic 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 ADELAIDE

FILE NUMBER: TVC 764  of 2010

Ms Norsic

Applicant

And

Mr Norsic

Respondent

REASONS FOR JUDGMENT

1. On 19 March 2012 Murphy J, with the consent of the parties, made final parenting orders in relation to the parties’ children.  They are R, born in December 2000, and N, born in February 2004, (herein after in these reasons referred as “the children.”)  Those orders included orders 46 to 57 which related to overseas travel by the children.  Relevant to the matter currently before me are orders 46 and 51 which provided as follows:

   (46)that either party shall be permitted to take the children out of Australia for holidays and for other short period of time and, in relation to the parties taking the children out of Australia, the parties agree as follows:

   a) the occasions on which either party takes the children out of Australia coincide with normal school holidays in the time specified on the orders above, unless agreed to in writing by both parties;

   b) the travelling party will give the other party as much notification as possible of the travelling party’s intention to take the children out of Australia and, in any event, will not give less than three months written notice of such intention.

   (51)The parties will not travel with the children to any country with the following warnings from Smartraveller:

   a)        High degree of caution

   b)       Reconsider your need to travel

   c)        Do not travel.

2. By initiating application, filed 4 December 2012, the mother sought final orders as follows:-

   (1)Included in the Consent Order issued by Justice Murphy of this Honourable Court on the following clause: Clause 46(a) That the Respondent Father does not reasonable withhold consent for the children [R] born on … December 2000 and [N] born … 2004 to travel overseas.

   (2)The respondent refuses to give consent for the release of the passports, I seek an order of this Honourable Court to release the passports for the purpose of travel outside of Australia for a period of 2 weeks from the 6^th April 2013 to the 20^th April 2013.

   (3)Clause: 46(a) the occasions on which either party takes the children out of Australia are to coincide with normal school holidays,…