Reese & Ralston

Case [2022] FedCFamC2F 1790


Federal Circuit and Family Court of Australia

(DIVISION 2)

Reese & Ralston [2022] FedCFamC2F 1790

File number: HBC 868 of 2019
Judgment of: JUDGE TURNBULL
Date of judgment: 23 December 2022
Catchwords: FAMILY LAW – CHILDREN – remittal on issue of child’s school – resulting remittal of issue of child’s time with father –  where Mother seeks to reduce the Father's time – where Father seeks equal time –where Mother claims that she and the child subjected to family violence and Father poses unacceptable risk to the child unless his time reduces – whether failure to cross-examine the Mother regarding all allegations should lead to conclusion that her allegations were unchallenged -  operation of the Rule in Browne v Dunne - Weight to be given to child’s view to retain current time arrangement and remain at current school  
Legislation:

Family Law Act 1975 (Cth) ss 4, 4AB, Part VII, ss 60CC, 60CA, 60B, 61C, 61DA, 61DAB, 65D(1), 65DAA, 65DAC, 102NA

Evidence Act 1995 (Cth) s140

Cases cited:

AL v The Queen [2017] NSWCCA 34

Bant & Clayton [2019] FamCAFC 198

Browne v Dunn (1893)6 R 57

Bilz & Breugelman [2013] FamCA 578

Bringinshaw v Bringinshaw (1938) 60 CLR 336

Bondelmonte & Bondelmonte (2017) 259 CLR 662

Godfrey & Sanders [2007] FamCA

Goode & Goode [2006] FamCA 1346

Harnett & Sampson (Scope of Rehearing) [2009] FamCAFC

Isles & Nellisen [2022] FedCFamC1A 97

LC & TC [1998] FamCA 47

Mazorski & Albright [2007] FamCA 520.

McCall & Clark [2009] FamCAFC 92

M v M (1998) 166 CLR 69

Murphy v Murphy [2007] FamCA 785

MRR v GR (2010) CLR 461

MWJ v The Queen (2005) 80 ALJR 329

Reece & Ralston [2021] FedCFamC1A 99

Re G: Children’s schooling (2000) FLC 93-02

Scalise v Bezzine [2003] NSWCA 362

Scott v Scott (1994) FLC 92

Stamatou & Stamatou [2022] FedCFamC1F 241

U v U [2002] HCA 36

Withers & Russell [2016] FamCA 793

Division: Division 2 Family Law
Number of paragraphs: 130
Date of hearing: 15–16, 28, 30 September 2022
Place: City A
Solicitor for the Applicant: Murdoch Clarke
Solicitor for the Respondent: Ogilvie Jennings
Counsel for the Respondent: Ms M Eddington

ORDERS

HBC 868 of 2019

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS REESE

Applicant

AND:

MS RALSTON

Respondent

order made by:

JUDGE TURNBULL

DATE OF ORDER:

23 December 2022

THE COURT ORDERS THAT:

1.That all previous parenting orders be discharged.

2.That the Mother and Father shall have equal shared parental responsibility for the child X born in 2014 (‘X’).

3.That X live with the Mother unless otherwise specified in these Orders.

4.That X shall spend time with the Father as follows:

(a)During school terms —

(i)Until X completes his primary school education, from after school Friday until the beginning of school Wednesdays, in each alternate week, commencing the first Friday of each school term;

(ii)From the commencement of X’s grade seven year — on a week-about basis — from after school Friday until the commencement of school…

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AGLC
Reese & Ralston [2022] FedCFamC2F 1790
Case
[2022] FedCFamC2F 1790
Decision Date

CaseChat Overview and Summary

Reese and Ralston involved a complex dispute between the parents, Ms Reese and Ms Ralston, regarding the parenting arrangements for their son, X, who was born in 2014. The case had a protracted history, with numerous interim orders being made before reaching a final hearing. The key issues before the court were the child's schooling and the amount of time he should spend with each parent during school terms. The case was remitted to the Federal Circuit and Family Court of Australia (Division 2) for rehearing by a different judge, focusing on these two specific issues. The retrial commenced on 15 September 2022 and concluded on 30 September 2022. The Mother alleged a history of family violence by the Father, which he denied. The court considered the evidence, including expert reports and the views of the child, and found that the Mother's allegations of family violence were largely unsubstantiated. The court also considered the child's best interests, including his relationship with both parents, the need to protect him from harm, and the views of the child. The court found that maintaining the current 5/9 arrangement during school terms was in the child's best interests and reasonably practicable. The court ordered that the child would remain at his current primary school until he commences secondary education at a specified school in grade 7, at which time an equal time arrangement would commence. The court also ordered that the parties would communicate via a specified parenting app. These orders were considered to be in the child's best interests and reasonably practicable.

Orders

Orders of the court

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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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