FEDERAL CIRCUIT COURT OF AUSTRALIA
| PETTY & CROWLEY | [2016] FCCA 3169 |
| Catchwords: HELD – Mother permitted to relocate to (omitted), Queensland with the parties’ two children – parties to maintain equal shared parental responsibility, the children to spend regular time with the Father. |
| Legislation: Family Law Act 1975 (Cth), ss.60B; 60CA; 60CC; 61DA; 65DAA |
| Cases cited: AMS v AIF (1999) 199 CLR 160 |
| Applicant: | MS PETTY |
| Respondent: | MR CROWLEY |
| File Number: | MLC 7836 of 2016 |
| Judgment of: | Judge Bender |
| Hearing date: | 5 December 2016 |
| Date of Last Submission: | 5 December 2016 |
| Delivered at: | Melbourne |
| Delivered on: | 16 December 2016 |
REPRESENTATION
| Counsel for the Applicant: | Ms O'Connell |
| Solicitors for the Applicant: | David Stagg & Tonkin |
| Counsel for the Respondent: | Ms Mallett |
| Solicitors for the Respondent: | Pearsons Lawyers |
ORDERS
The parties have equal shared parental responsibility for the children of the marriage X born (omitted) 2011 (“X”) and Y born (omitted) 2013 (“Y”).
X and Y live with the Mother.
The Mother be permitted to relocate to (omitted), Queensland with X and Y.
X and Y spend time and communicate with the Father as follows:
(a)subject to Order 4 (b) herein for half of each Queensland school term holidays as agreed between the parties and failing agreement for the first half from the first Saturday of the holidays to the second Sunday of the holidays;
(b)for the whole of either the June/July or September term holidays as nominated by the Father in writing no less than 28 days prior to the commencement of the nominated holidays;
(c)for one half of the Queensland long summer vacation as agreed between the parties in writing and failing agreement the second half in 2016/17 each alternate year thereafter and the first half in 2017/18 and each alternate year thereafter;
(d)during the school term for one weekend each month on such weekend as is agreed between the parties and failing agreement the third weekend of each month save that X and Y will spend the Father’s Day weekend with the Father and the Mother’s Day weekend with the Mother;
(e)by telephone, Facetime, Skype or Viber:
(i)no less than three times a week at times to be agreed between the…
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- PETTY & CROWLEY [2016] FCCA 3169
- Case
- [2016] FCCA 3169
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was whether to permit the Mother's proposed relocation with the children to Queensland, and in the alternative, to consider the Father's counter-application for the children to relocate to Canberra or another major city. This involved assessing the best interests of the children in light of the proposed geographical changes and the parental responsibilities of both parties.
Judge Bender permitted the Mother to relocate to Queensland with the children, ordering that the parties retain equal shared parental responsibility. The Court's reasoning, while not detailed in the provided text, led to orders that facilitated the children spending regular time with the Father. These orders included provisions for school holidays, monthly weekend time, and regular communication via various electronic means, aiming to maintain a meaningful relationship between the children and their Father despite the distance. The orders also addressed practical matters such as travel costs and information sharing regarding the children's health and education.
Orders
Orders of the court
1.
The parties have equal shared parental responsibility for the children of the marriage X born (omitted) 2011 (“X”) and Y born (omitted) 2013 (“Y”).
2.
X and Y live with the Mother.
3.
The Mother be permitted to relocate to (omitted), Queensland with X and Y.
4.
X and Y spend time and communicate with the Father as follows:
(a) subject to Order 4 (b) herein for half of each Queensland school term holidays as agreed between the parties and failing agreement for the first half from the first Saturday of the holidays to the second Sunday of the holidays;
(b) for the whole of either the June/July or September term holidays as nominated by the Father in writing no less than 28 days prior to the commencement of the nominated holidays;
(c) for one half of the Queensland long summer vacation as agreed between the parties in writing and failing agreement the second half in 2016/17 each alternate year thereafter and the first half in 2017/18 and each alternate year thereafter;
(d) during the school term for one weekend each month on such weekend as is agreed between the parties and failing agreement the third weekend of each month save that X and Y will spend the Father’s Day weekend with the Father and the Mother’s Day weekend with the Mother;
(e) by telephone, Facetime, Skype or Viber:
(i) no less than three times a week at times to be agreed between the parties, such times to enable the Father to read a bed time story to X and Y no less than once a week and to otherwise engage with X and Y on their daily activities;
(ii) if not with the Father, on X and Y and the Father’s birthday, at Christmas and on Easter Sunday;
(f) as otherwise agreed between the parties in writing (including text message and email).
5.
Changeover for the time X and Y spend with the Father pursuant to Orders 4(a), (b), (c) and (d) herein shall take place at Brisbane airport.
6.
The Mother shall be responsible for the cost of herself, X and Y travelling between (omitted) and Brisbane and the Father shall be responsible for the costs of himself, X and Y travelling between Canberra (or such other location where the Father resides) and Brisbane.
7.
Each party keep the other informed at all times of their current residential address and contact telephone number.
8.
The Mother and Father be permitted to attend all school events relating to X and Y normally attended by parents and receive at their expense all school reports, school photograph order forms and newsletters.
9.
The Mother and Father shall advise the other of any serious illness or injury suffered by X or Y as soon as practicable following the onset of the illness or occurrence of the injury and shall provide sufficiently detailed information and any necessary authorities to allow the other parent to obtain information directly from any treating medical practitioners.
10.
The Mother and Father and their servants and agents are restrained from abusing, insulting, belittling, rebuking or otherwise denigrating the other party to or in the presence or hearing of X or Y and from permitting any other person so to do.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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