FEDERAL MAGISTRATES COURT OF AUSTRALIA
| RAYMOND & CHOATE | [2010] FMCAfam 451 |
| FAMILY LAW – Interim parenting – change of residence – mother has not complied with order to attend counselling with the child – Expert evidence is in favour of a change of residence – child to live with father – no contact with mother for three months. |
| Applicant: | MR RAYMOND |
| Respondent: | MS CHOATE |
| File Number: | SYC 2546 of 2007 |
| Judgment of: | Altobelli FM |
| Hearing date: | 9 April 2010 |
| Date of Last Submission: | 9 April 2010 |
| Delivered at: | Sydney |
| Delivered on: | 9 April 2010 |
REPRESENTATION
| Counsel for the Applicant: | Mr Kenny |
| Solicitors for the Applicant: | DTA Lawyers |
| The Respondent: | Self-represented |
| Solicitors for the Independent Children’s Lawyer: | Legal Aid Commission of NSW |
| Solicitor-Advocate for the Independent Children’s Lawyer: | Ms Power |
ORDERS
The Orders made 12 February 2008 are discharged.
The Child [X] born [in] 2000 live with the Father.
That the Child spend time with the Mother as follows:-
(a)each alternate weekend from 10.00am Saturday until 6.00pm on Sunday;
(b)from 3.00pm on Christmas Eve each year until 11.00am on Christmas Day;
(c)for four (4) hours on the Child’s birthday;
(d)for four (4) hours on the Mother’s birthday.
That the operation of the order referred to in the preceding paragraph be suspended for a period of three (3) months from the date of these orders.
The matter be adjourned to 9 July 2010 at 9.30am for mention.
The parties have liberty to apply on 72 hours notice.
Pursuant to s.67Q of the Family Law Act 1975 a recovery order issue directed to the Marshal of the Federal Magistrates Court, all officers of the Australian Federal Police and all officers of the Police Forces of all the States and Territories of Australia requiring them to find and recover the child [X] born [in] 2000 and to return/deliver the said child to the Applicant and for that purpose to stop and search any vehicle, vessel or aircraft and to enter and search any premises or place in which there is at any time reasonable cause to believe that the said child may be found.
IT IS NOTED that publication of this judgment under the pseudonym Raymond & Choate is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYC 2546 of 2007
| MR RAYMOND |
Applicant
And
| MS CHOATE |
Respondent
REASONS FOR JUDGMENT
(Ex tempore)
I provide the following ex tempore reasons in the matter of Raymond and Choate. This is an application in relation to a child, [X], who is
10 years old. The applicant is [X]’s father, and the respondent her mother. The matter has a very long history and the decision is a very difficult one to make.
The father’s proposal today is in accordance with his amended application that was filed on 23 December and, in effect, he seeks that all previous orders be discharged, that he have sole parental responsibility in respect to [X], that [X] live with him and spend…
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- AGLC
- Raymond and Choate [2010] FMCAfam 451
- Case
- [2010] FMCAfam 451
- Decision Date
CaseChat Overview and Summary
The legal issues before the Court were primarily about the best interests of the child, including the allocation of primary residence, the schedule for visitation, and the circumstances under which the visitation schedule would be suspended. The Court had to weigh various factors such as the child's emotional and psychological well-being, the ability of each parent to provide a stable and nurturing environment, and the potential impact of the visitation schedule on the child's development.
The Court found that it was in the child's best interests for the Father to have primary care, with specific visitation rights granted to the Mother. The visitation schedule was designed to ensure that the Mother could maintain a meaningful relationship with the child while balancing the Father's role as the primary caregiver. The Court also imposed a temporary suspension of the visitation schedule to allow the parties to adjust to the new arrangements. The Court further issued a recovery order to ensure the child's safe return if necessary, highlighting the importance of the child's welfare in its decision-making process.
Orders
Orders of the court
1.
The Orders made 12 February 2008 are discharged.
2.
The Child [X] born [in] 2000 live with the Father.
3.
That the Child spend time with the Mother as follows:-
(a) each alternate weekend from 10.00am Saturday until 6.00pm on Sunday;
(b) from 3.00pm on Christmas Eve each year until 11.00am on Christmas Day;
(c) for four (4) hours on the Child’s birthday;
(d) for four (4) hours on the Mother’s birthday.
4.
That the operation of the order referred to in the preceding paragraph be suspended for a period of three (3) months from the date of these orders.
5.
The matter be adjourned to 9 July 2010 at 9.30am for mention.
6.
The parties have liberty to apply on 72 hours notice.
7.
Pursuant to s.67Q of the Family Law Act 1975 a recovery order issue directed to the Marshal of the Federal Magistrates Court, all officers of the Australian Federal Police and all officers of the Police Forces of all the States and Territories of Australia requiring them to find and recover the child [X] born [in] 2000 and to return/deliver the said child to the Applicant and for that purpose to stop and search any vehicle, vessel or aircraft and to enter and search any premises or place in which there is at any time reasonable cause to believe that the said child may be found.
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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