FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Picken & Slater (No 2) [2024] FedCFamC1F 120
File number(s): CAC 1088 of 2023 Judgment of: GILL J Date of judgment: 5 March 2024 Catchwords: FAMILY LAW – PARENTING – Interim consent orders – Assessment of risk – Court’s role in actively monitoring and supporting compliance with interim consent orders directed to therapeutic intervention – The matter relisted in 5 and 9 months time – Orders for psychological treatment of the mother and father
FAMILY LAW – PROPERTY – Final consent orders – Adjustment in favour of the wife – Superannuation split – Requirement to give procedural fairness to the trustee of the super fund
Legislation: Family Law Act 1975 (Cth) Cases cited: Eastley & Eastley [2022] FedCFamC1A 101
Isles & Nelissen (2022) 65 Fam LR 288
Division: Division 1 First Instance Number of paragraphs: 27 Date of hearing: 4 & 5 March 2024 Place: Canberra Counsel for the Applicant: Mr Haddock Solicitor for the Applicant: Infinity Legal Counsel for the Respondent: Mr Lawrence Solicitor for the Respondent: Yellow Legal Counsel for the Independent Children's Lawyer: Mr Smith Solicitor for the Independent Children's Lawyer: Bowral Legal ORDERS
CAC 1088 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MR PICKEN
Applicant
AND: MS SLATER
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
GILL J
DATE OF ORDER:
5 MARCH 2024
THE COURT ORDERS THAT:
1.On the filing of the husband’s superannuation member statement, and on the filing of material that demonstrates that procedural fairness has been accorded to the trustee of his superannuation fund, orders will be made in respect of the parties’ property interests in accordance with exhibit C1.
IT IS ORDERED, BY CONSENT, UNTIL FURTHER ORDER:
2.That the parties have equal shared parental responsibility for the children Y and Z born 2019 and X born 2018.
3.That all previous Orders be discharged.
4.That from the date of these Orders until 1 May 2024, the children live with the mother and spend time with the father as follows:
(a)In week one, from 9am to 5pm both Saturday and Sunday; and
(b)In week two, from 3pm to 7pm Tuesday and 3pm to 7:00pm Friday; and
(c)At other times as agreed between the parties.
5.Thereafter, and provided the father no longer lives in a ‘share house’, the children spend time with their parents each fortnight as follows:
(a)During Week 1 from 9:00am on Wednesday to 9:00am on Friday with the father;
(b)During Week 2 from 3:00pm on Wednesday to 9:00am on Monday with the father;
(c)At all other times with the mother; and
(d)At other times as agreed between the parties in writing.
School Holidays
6.Upon Y and Z commencing year one at primary school, and thereafter:
(a)During Term 1, 2 and 3 gazetted school holiday periods each year:
(i)In even-numbered years, the children spend time with the mother from the conclusion of school on the last school day of the term until 12:00pm on the middle Saturday in the…
Continue reading Picken & Slater (No 2)
Sign in free to access the full text
- AGLC
- Picken & Slater (No 2) [2024] FedCFamC1F 120
- Case
- [2024] FedCFamC1F 120
- Decision Date
CaseChat Overview and Summary
The court found that the parties should share equal parental responsibility for their children, with specific arrangements for time spent with each parent, particularly during school terms and holidays. The court emphasised the importance of both parents being involved in the children's education and medical care, ensuring they have equal access to information and the ability to attend important events. The court also directed that both parents undergo psychological treatment and that the father must not reside in a share house. The court further ruled that the property settlement would be adjusted to ensure procedural fairness to the trustee of the husband's superannuation fund.
The final orders included detailed parenting arrangements for the children's time with each parent, specific conditions for interstate and international travel, and requirements for both parents to be listed as emergency contacts at the children's educational and medical institutions. The court also mandated that the parties inform each other of any changes in contact details or medical treatment for the children. The property settlement was contingent upon the husband providing his superannuation member statement and evidence of procedural fairness to the superannuation trustee.
Orders
Orders of the court
CAC 1088 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MR PICKEN
Applicant
AND:
MS SLATER
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
GILL J
DATE OF ORDER:
5 MARCH 2024
THE COURT ORDERS THAT:
1. On the filing of the husband’s superannuation member statement, and on the filing of material that demonstrates that procedural fairness has been accorded to the trustee of his superannuation fund, orders will be made in respect of the parties’ property interests in accordance with exhibit C1.
IT IS ORDERED, BY CONSENT, UNTIL FURTHER ORDER:
2. That the parties have equal shared parental responsibility for the children Y and Z born 2019 and X born 2018.
3. That all previous Orders be discharged.
4. That from the date of these Orders until 1 May 2024, the children live with the mother and spend time with the father as follows:
(a) In week one, from 9am to 5pm both Saturday and Sunday; and
(b) In week two, from 3pm to 7pm Tuesday and 3pm to 7:00pm Friday; and
(c) At other times as agreed between the parties.
5. Thereafter, and provided the father no longer lives in a ‘share house’, the children spend time with their parents each fortnight as follows:
(a) During Week 1 from 9:00am on Wednesday to 9:00am on Friday with the father;
(b) During Week 2 from 3:00pm on Wednesday to 9:00am on Monday with the father;
(c) At all other times with the mother; and
(d) At other times as agreed between the parties in writing.
School Holidays
6. Upon Y and Z commencing year one at primary school, and thereafter:
(a) During Term 1, 2 and 3 gazetted school holiday periods each year:
(i) In even-numbered years, the children spend time with the mother from the conclusion of school on the last school day of the term until 12:00pm on the middle Saturday in the school holiday period, then with the father from 12:00pm on the middle Saturday in the school holiday period until 5:00pm on the Saturday immediately before the commencement of the new school term from when the usual contact arrangements shall resume on the following Monday.
(ii) In odd-numbered years, the children spend time with the father from the conclusion of school on the last school day of the term until 12:00pm on the middle Saturday in the school holiday period, then with the mother from 12:00pm on the middle Saturday in the school holiday period until 5:00pm on the Saturday immediately before the commencement of the new school term from when the usual contact arrangements shall resume on the following Monday.
(b) In the December/January school holiday period each year:
(i) In even-numbered years, the children spend time with the father as follows:
A. from the conclusion of school on the last school day of the year for a period of two consecutive weeks until 5:00pm on a Saturday;
B. during the second last week of the gazetted school holiday period in January commencing on 12:00pm Saturday until 12:00pm the following Saturday; and
C. at all other times with the mother.
(ii) In odd-numbered years, the children spend time with the mother as follows:
A. from the conclusion of school on the last school day of the year for a period of two consecutive weeks until 5:00pm on a Saturday;
B. during the second last week of the gazetted school holiday period in January commencing on 12:00pm Saturday until 12:00pm the following Saturday; and
C. at all other times with the father.
(c) At alternate times as agreed between the parties in writing.
Special Occasions
7. Notwithstanding the above orders, the children spend time on special occasions with each parent as follows:
(a) With the mother on Mothers’ Day each year from 9:00am until 6:00pm if the children is not with the mother already on this day and the father will make the children available on this day unless already agreed between the parties in writing.
(b) With the father on Fathers’ Day each year from 9:00am until 6:00pm if the children is not with the father already on this day and the mother will make the children available on this day unless already agreed between the parents in writing.
(c) On the children’s birthdays, with the parent who is not ordered to spend regular time with the children at 3:00pm or following the conclusion of childcare/school that day, from 3:00pm to 6:00pm, and then with the other parent in accordance with the usual regular time arrangements.
(d) The children spend time with the parents for Christmas:
(i) In even-numbered years, the children spend time with the father from 3:00pm on 23 December until 3:00pm on 25 December, and with the mother from 3:00pm on 25 December to 5:00pm on 27 December from when the usual contact arrangements shall resume.
(ii) In odd numbered years, the children spend time with the mother from 3:00pm on 23 December until 3:00pm on 25 December, and with the father from 3:00pm on 25 December to 5:00pm on 27 December from when the usual contact arrangements shall resume.
(e) The children spend time with the parents for Easter:
(i) In even-numbered years, the children spend time with the father from 9:00am on Good Friday until 12 noon on Easter Sunday, and with the mother from 12 noon on Easter Sunday to 9:00am on Easter Tuesday from when the usual contact arrangements shall resume.
(ii) In odd-numbered years, the children shall spend time with the mother from 9:00am on Good Friday until 12 noon on Easter Sunday, and with the father from 12 noon on Easter Sunday to 9:00am on Easter Tuesday from when the usual contact arrangements shall resume.
Changeover
8. For the purpose of these Orders, unless otherwise agreed by the parents, changeover shall be at the children’s daycare, pre-school or school.
9. If the children are not attending daycare, preschool or school on the scheduled changeover day then failing agreement between the parents on a location, changeover shall be Suburb F McDonalds car park, G Street Suburb F, Region E.
School, Education and Medical
10. That both parents be listed as an emergency or priority contact at any educational facility, extracurricular activity or any school attended by the children and on any enrolment forms and to equally be at liberty to correspond with these institutions and be able to receive and liaise with the educational institutions regarding the children.
11. That both parents shall provide the name of one emergency contact each to any educational facility, extracurricular activity or any school attended by the children and shall authorise that person to collect the children from the educational facility while the children is in that parent’s care.
12. That both parents shall authorise by these Orders, any school or other educational facility attended by the children, to provide to either parent, upon request, any reports, information or photographs relating to the children at the requesting parent’s cost.
13. Both parents be at liberty to attend parent teacher interviews and meetings or any scheduled educational meetings.
14. Both parents and the children’s extended maternal and paternal families be at liberty to attend the children’s sporting, extracurricular or organised care activities on game days in which both parents would usually attend but will do all things reasonably possible to stay 10m apart.
15. For the purpose of Order 14 the following applies:
(a) the parent who does not have care of the children, will advise the other parent the day prior if they and/or extended family intend to be present on game day.
(b) that both parents shall not attend routine training or practice and it is the responsibility of the parent who has the care of the children to attend the training/practice.
(c) that both parents will use their best endeavours to remain 10m apart.
16. Both parents and the children’s extended maternal and paternal families be at liberty to attend the children’s school assemblies, or any other such gatherings at the children’s school where the children are participating, regardless of which parent the children are living with pursuant to these Orders, the parents will advise each other the day prior if they are and/or the extended family are attending the school event.
17. That both parents shall keep the other informed at all times of their contact phone number and email address and shall notify the other parent in respect to any change of such contact details within 48 hours or as soon as practicable to do so.
18. That both parents shall keep the other parent informed of any treating medical or other allied health practitioners to allow the other parent to be able to access information if they should so seek, and at their own cost.
19. That both parents be listed as an emergency or priority contact as a parent at any medical facility or Doctor’s surgery attended by the children and on any forms completed on behalf of the children.
20. That both parents shall immediately inform the other parent of any medical emergency involving the children including the name and contact details of any treating medical professional and shall authorise the other parent to be able to communicate with any treating practitioners to receive information about the children.
21. For the purpose of Order 20, the parents note that the attendance of the children at a medical appointment with their General Practitioner is not a medical emergency, but that each parent must be notified immediately of any attendance at hospital for the children or when the children are prescribed new medication.
22. Both parents shall inform the other parent in the event the children are treated by a medical practitioner, including a GP, and the name of the GP and the GP’s practice, within 24 hours of the children attending the medical practice.
23. That both parents agree that the children shall continue to live with both of their parents in accordance with these Orders in the event either of them become unwell.
24. Both parents be at liberty to be at any medical or treating facility where the children are receiving treatment for any medical emergency.
25. That both parents ensure the children attend all scheduled extracurricular activities while they are in their care.
Travel
26. That should either parent wish to take the children interstate (more than 500km outside of Region E and the surrounding region), or overseas, they may do so provided they satisfy the following conditions:
(a) In the case of interstate travel that is a distance of further than 500km outside of Region E and the surrounding region and for a period of six (6) consecutive days or more, the parents will provide the other parent with 2 days notice of such travel and the city or town of the travel.
(b) In the case of international travel:
(i) the travel is to a country that is a party to the Hague Convention on International Abduction of children, unless otherwise agreed in writing and consent will not be unreasonably withheld;
(ii) the parents will provide to the other written notice of their intention to take the children out of Australia no less than sixty days prior to departure;
(iii) such travel will not take place without the consent of the other parent and that both parents will reasonably consider the request of the other parent and be on the basis that each parent has provided to the other the following details:
A. An itinerary detailing the departure date and return date, flight codes, times and destination(s);
B. A landline or mobile telephone number and email address at which the children and travelling parent can be contacted;
C. A certificate evidencing all required travel vaccinations;
D. Accommodation details; and
E. A copy of the travel insurance policy obtained and evidence of payment of this, airline tickets and all accommodation;
F. The travelling parent will be responsible for the children’s travel and accommodation costs;
G. That for the period the children are overseas, the non travelling parent is permitted to have some reasonable means of communication with the children and that the travelling parent facilitate this request on a schedule to be agreed prior to travel;
H.
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.