Ready & Ready - [2021] FamCA 331

FAMILY COURT OF AUSTRALIA
Ready & Ready [2021] FamCA 331

File number(s): PAC 2441 of 2017

Judgment of: HOGAN J

Date of judgment: 21 May 2021

Catchwords: FAMILY LAW – CHILDREN – where final parenting orders were made in January 2020 permitting the mother to relocate the children to live with her in Ireland – where, because of the COVID-19 pandemic, the mother and children remain living in Australia – where the father filed an Initiating Application in October 2020 seeking that orders be made that the mother be permitted to relocate the children to live in Ireland with the express written consent of the parents – where the father sought changes to that aspect of the January 2020 orders which provided for the children’s time with him – where the mother sought summary orders for the dismissal of the father’s Initiating Application – where the mother sought an order that the father be compelled to ensure the children’s names are not on any watch list maintained in either Australia or Ireland.

Legislation:
Family Law Act 1975 (Cth)

Cases cited:
CDJ & VAJ (1998) 197 CLR 17
DL & W (2012) FLC 93-496
G & G [2000] FamCA 12
Hayman & Hayman (1976) FLC 90-14
In the Marriage of McEnearney (1980) FLC 90–866
Marsden & Winch (2009) 42 Fam LR 1
Miller & Harrington (2008) FLC 93-383
Newling & Newling; Mole (Applicant) (1987) FLC 91-856
Poisat & Poisat (2014) FLC 93-597
Rice v Asplund (1979) FLC 90-725

SPS & PLS (2008) FLC 93–363

Number of paragraphs: 26

Date of hearing: 22 January 2021

Place: Brisbane

The Applicant: In person

Solicitor for the Respondent: Mr Davis, Simpson Family Lawyers T/A DV Lawyer
ORDERS

PAC 2441 of 2017

BETWEEN:
MR READY
Applicant

AND:
MS READY
Respondent

ORDER MADE BY:

HOGAN J

DATE OF ORDER:

21 MAY 2021

THE COURT ORDERS THAT:
1.Pursuant to section 68B of the Family Law Act 1975 (Cth), the father is restrained and an injunction issued restraining him from taking any action to place the names of the children X, a female, born … 2011 and Y, a male, born … 2014 on the Family Law Watch List in force at all points of arrival and departure in the Commonwealth of Australia.
2.Pursuant to section 68B of the Family Law Act 1975 (Cth), the father is restrained and an injunction issued restraining him from taking any action to place the names of the children X, a female, born … 2011 and Y, a male, born … 2014 on any equivalent Family Law Watch List maintained in the Republic of Ireland.
3.The Initiating Application filed 20 October 2020 is dismissed.
4.Save as provided for above, the Response to Initiating Application filed 22 October 2020 is dismissed.

AND IT IS FURTHER ORDERED THAT
5.In the event that any party seeks an order that the other party pay his or her costs:
(a)if thought necessary by a party, that party has leave to file a further affidavit by that party containing…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Ready & Ready

Details

AGLC: Ready & Ready [2021] FamCA 331
Case: [2021] FamCA 331
Decision Date: 21 May 2021

CaseChat Overview and Summary

In the matter of *Ready & Ready*, Hogan J of the Family Court of Australia considered an application by the father seeking to vary final parenting orders made in January 2020. These original orders permitted the mother to relocate the children to live with her in Ireland. However, due to the COVID-19 pandemic, the mother and children remained in Australia. The father's application, filed in October 2020, sought consent for the relocation to Ireland and changes to the children's time with him. The mother, in response, sought summary dismissal of the father's application and an order compelling the father not to place the children's names on any Australian or Irish watch lists.

The court was required to determine whether the father's Initiating Application should be summarily dismissed, and whether injunctions should be granted to restrain the father from placing the children's names on family law watch lists in Australia and Ireland. The mother's request for an order compelling the father to ensure the children's names were not placed on such lists was also before the court.

Hogan J applied principles relating to summary dismissal and the court's power to issue injunctions under section 68B of the *Family Law Act 1975* (Cth). The court found that the father's application was unlikely to succeed and that it was appropriate to dismiss it summarily. The court also determined that the father's actions in relation to watch lists were vexatious and that injunctions were necessary to prevent potential harm to the children and their ability to travel.

The court ordered that the father be restrained from placing the children's names on any family law watch list in Australia or Ireland. The father's Initiating Application was dismissed, as was the mother's Response to Initiating Application, save for the orders made regarding the injunctions. Provisions were also made for the parties to make submissions regarding costs.

Orders

Orders of the court

PAC 2441 of 2017

BETWEEN:

MR READY

Applicant

AND:

MS READY

Respondent

ORDER MADE BY:

HOGAN J

DATE OF ORDER:

21 MAY 2021

THE COURT ORDERS THAT:

1. Pursuant to section 68B of the Family Law Act 1975 (Cth), the father is restrained and an injunction issued restraining him from taking any action to place the names of the children X, a female, born … 2011 and Y, a male, born … 2014 on the Family Law Watch List in force at all points of arrival and departure in the Commonwealth of Australia.

2. Pursuant to section 68B of the Family Law Act 1975 (Cth), the father is restrained and an injunction issued restraining him from taking any action to place the names of the children X, a female, born … 2011 and Y, a male, born … 2014 on any equivalent Family Law Watch List maintained in the Republic of Ireland.

3. The Initiating Application filed 20 October 2020 is dismissed.

4. Save as provided for above, the Response to Initiating Application filed 22 October 2020 is dismissed.

AND IT IS FURTHER ORDERED THAT

5. In the event that any party seeks an order that the other party pay his or her costs:

(a) if thought necessary by a party, that party has leave to file a further affidavit by that party containing any evidence relevant to the issue of costs and one other affidavit in support of the same provided that such affidavits are filed within twenty-eight (28) days of the date of this Order; and

(b) any such party shall file and serve any written submissions in support of such application for costs within twenty-eight (28) days of today; and

(c) the party against whom an order for costs is sought shall, within a further fourteen (14) days thereafter, file and serve any brief written submissions in answer to the submissions filed and served by the party seeking costs; and

(d) the party seeking an order for costs shall file and serve any brief further written submissions within seven (7) days of its service, strictly in reply to the submissions served by the party against whom an order for costs is sought,

and any such application for costs shall be considered in Chambers.

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.

File number(s):	PAC 2441 of 2017
Judgment of:	HOGAN J
Date of judgment:	21 May 2021
Catchwords:	FAMILY LAW – CHILDREN – where final parenting orders were made in January 2020 permitting the mother to relocate the children to live with her in Ireland – where, because of the COVID-19 pandemic, the mother and children remain living in Australia – where the father filed an Initiating Application in October 2020 seeking that orders be made that the mother be permitted to relocate the children to live in Ireland with the express written consent of the parents – where the father sought changes to that aspect of the January 2020 orders which provided for the children’s time with him – where the mother sought summary orders for the dismissal of the father’s Initiating Application – where the mother sought an order that the father be compelled to ensure the children’s names are not on any watch list maintained in either Australia or Ireland.
Legislation:	Family Law Act 1975 (Cth)
Cases cited:	CDJ & VAJ (1998) 197 CLR 17 DL & W (2012) FLC 93-496 G & G [2000] FamCA 12 Hayman & Hayman (1976) FLC 90-14 In the Marriage of McEnearney (1980) FLC 90–866 Marsden & Winch (2009) 42 Fam LR 1 Miller & Harrington (2008) FLC 93-383 Newling & Newling; Mole (Applicant) (1987) FLC 91-856 Poisat & Poisat (2014) FLC 93-597 Rice v Asplund (1979) FLC 90-725 SPS & PLS (2008) FLC 93–363
Number of paragraphs:	26
Date of hearing:	22 January 2021
Place:	Brisbane
The Applicant:	In person
Solicitor for the Respondent:	Mr Davis, Simpson Family Lawyers T/A DV Lawyer

PAC 2441 of 2017
BETWEEN:	MR READY Applicant
AND:	MS READY Respondent

ORDER MADE BY:	HOGAN J
DATE OF ORDER:	21 MAY 2021