Pruchnik and Pruchnik

FAMILY COURT OF AUSTRALIA

PRUCHNIK & PRUCHNIK [2018] FamCAFC 67

FAMILY LAW – APPLICATION IN AN APPEAL – EXPEDITION – Where the mother seeks to expedite her appeal against orders substantially changing the children’s living arrangements – Where the orders provide that the children live with the father – Where the mother was the children’s primary carer – Whether the matter should be afforded priority to the detriment of other cases – Where the nature of the appeal justified priority to the detriment of other cases – Application granted.

Family Law Act 1975 (Cth) s 94(2D)(j)

Family Law Rules 2004 (Cth) r 12.10A

APPLICANT: Ms Pruchnik

RESPONDENT: Mr Pruchnik

INDEPENDENT CHILDREN’S LAWYER: Carolina Hernandez

FILE NUMBER: SYC 381 of 2015

APPEAL NUMBER: EA 29 of 2018

DATE DELIVERED: 9 April 2018

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Ryan J

HEARING DATE: 9 April 2018

LOWER COURT JURISDICTION: Family Court of Australia

LOWER COURT JUDGMENT DATE: 23 January 2018

LOWER COURT MNC: [2018] FamCA 24

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Barkus Doolan Family Lawyers

SOLICITOR FOR THE RESPONDENT: Aaron Legal Pty Ltd

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Mr G Fernie

Orders

1. That the hearing of appeal EA 29 of 2018 be expedited.

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 Pruchnik & Pruchnik 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).

THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT SYDNEY

Appeal Number: SYC 381 of 2015
File Number: EA 29 of 2018

Ms Pruchnik

Applicant

And

Mr Pruchnik

Respondent

And

Ms Hernandez
Independent Children’s Lawyer

EX TEMPORE REASONS FOR JUDGMENT

Introduction

1. These reasons were given orally.

2. By an Application in an Appeal filed 29 March 2018, Ms Pruchnik (“the mother”) seeks an order for an expedited hearing of her appeal (EA 29 of 2018).  The appeal relates to final parenting orders made by Justice Hannam on 23 January 2018.

3. The parenting proceedings concern the parties’ children, B, born in 2006 and C, born in 2009 (collectively “the children”).

4. Mr Pruchnik (“the father”) is the children’s father and the respondent to this application and to the appeal. 

5. The effect of the orders under appeal was to substantially change the children’s living arrangements.  That is, from being primarily in the care of the mother to that of the father.  The orders provide that the father is to have sole parental responsibility for the children, that the children will live with him and spend supervised time with the mother which will gradually increase to unsupervised time overnight.

6. The…