FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Reina & Oates [2025] FedCFamC2F 519
File number(s): DGC 1395 of 2023 Judgment of: JUDGE JENKINS Date of judgment: 28 April 2025 Catchwords: FAMILY LAW – PARENTING – final orders – five-year-old child – nine/five arrangement – insight into parental behaviour – high parental conflict – parent’s abilities to meet the child’s needs – child’s best interests met by swapping nine/five arrangement in favour of father’s time – child live with the father and sole parental responsibility for decision making. Legislation: Family Law Act 1975 ss 60CA, 60CC, 60CG, 65D
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 8.20
Cases cited: Pickford & Pickford [2024] FedCFamC1A 249 Division: Division 2 Family Law Number of paragraphs: 131 Date of hearing: 11 – 14 March 2025 Place: Dandenong Counsel for the Applicant: Ms Mallet KC Solicitor for the Applicant: Berry Family Law Representative for the Respondent: Appearing in Person Counsel for the Independent Children's Lawyer: Mr Tesoriero Solicitor for the Independent Children's Lawyer: Inclusive Family Law & Mediation ORDERS
DGC 1395 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR REINA
Applicant
AND: MS OATES
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE JENKINS
DATE OF ORDER:
28 APRIL 2025
THE COURT ORDERS ON A FINAL BASIS THAT:
1.The father be allocated sole decision-making for all major long-term decisions for the child X born in 2020 (“X”).
2.For the purpose of order 1 the father shall (save in the case of emergency) consult with the mother as follows:
(a)advise the mother of any long-term decision proposed;
(b)seek the mother’s input and give due consideration to any input that she seeks to be considered; and
(c)advise the mother of the ultimate decision made by him.
3.X live with the father.
4.X spend time with the mother as follows:
(a)during Victorian Gazetted school terms in a two-week rotating cycle, in week 1, commencing Thursday 20 March 9.00am (or 3.30pm or conclusion of school once X attends school) until commencement of kindergarten/school (or 9.00am if not a kindergarten/school day) on Monday; and
(b)during Victorian Gazetted school terms in a two-week rotating cycle, in week 2, commencing Thursday 27 March from 9.00am (or 3.30pm or conclusion of school once X attends school) until commencement of kindergarten/school (or 9.00am if not a kindergarten/school day) on Friday;
(c)for school holidays as agreed between the parties in writing, and in default of agreement:
(i)during the term holidays with the father in the first half and the mother the second half in odd years;
(ii)during the term holidays with the mother in the first half and the father the second half in even years; and
(iii)during the long summer holidays, the time in order 4(a) continue until the Christmas period defined as from 5.00pm on 23 December until 5.00pm on 27 December (“the Christmas period”);
(iv)In 2025 and all odd numbered years, during the Christmas period with the father and…
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CaseChat Overview and Summary
The central legal issue was whether the existing parenting arrangement, which involved a shared nine/five arrangement, should be altered. The court had to consider various factors, including the child's best interests, the parents' ability to meet the child's needs, and the potential impact of the high parental conflict on the child. The court also needed to decide whether the father's ability to provide for the child's needs was superior to the mother's, given the circumstances.
The court found that the child's best interests were best served by altering the existing arrangement. It was determined that the father's ability to meet the child's needs was superior to the mother's, particularly in light of the high conflict environment created by the mother. Consequently, the court ordered that X should live with the father and that he should have sole parental responsibility for making major long-term decisions. The mother was granted specific visitation times during school terms and school holidays, with detailed arrangements provided to ensure smooth transitions between parents.
In conclusion, the court made several specific orders regarding the child's living arrangements, time-sharing, and decision-making responsibilities, all aimed at ensuring that X's best interests were met in the context of the parents' ongoing conflict. The mother was also required to consult with the father on major long-term decisions concerning the child.
Orders
Orders of the court
DGC 1395 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR REINA
Applicant
AND:
MS OATES
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE JENKINS
DATE OF ORDER:
28 APRIL 2025
THE COURT ORDERS ON A FINAL BASIS THAT:
1. The father be allocated sole decision-making for all major long-term decisions for the child X born in 2020 (“X”).
2. For the purpose of order 1 the father shall (save in the case of emergency) consult with the mother as follows:
(a) advise the mother of any long-term decision proposed;
(b) seek the mother’s input and give due consideration to any input that she seeks to be considered; and
(c) advise the mother of the ultimate decision made by him.
3. X live with the father.
4. X spend time with the mother as follows:
(a) during Victorian Gazetted school terms in a two-week rotating cycle, in week 1, commencing Thursday 20 March 9.00am (or 3.30pm or conclusion of school once X attends school) until commencement of kindergarten/school (or 9.00am if not a kindergarten/school day) on Monday; and
(b) during Victorian Gazetted school terms in a two-week rotating cycle, in week 2, commencing Thursday 27 March from 9.00am (or 3.30pm or conclusion of school once X attends school) until commencement of kindergarten/school (or 9.00am if not a kindergarten/school day) on Friday;
(c) for school holidays as agreed between the parties in writing, and in default of agreement:
(i) during the term holidays with the father in the first half and the mother the second half in odd years;
(ii) during the term holidays with the mother in the first half and the father the second half in even years; and
(iii) during the long summer holidays, the time in order 4(a) continue until the Christmas period defined as from 5.00pm on 23 December until 5.00pm on 27 December (“the Christmas period”);
(iv) In 2025 and all odd numbered years, during the Christmas period with the father and from the conclusion of the Christmas period on a week about basis commencing with the father and concluding with X in the father’s care at 5.00pm two days prior to the commencement of school;
(v) In 2026 and all even number years, during the Christmas period with the mother and from the conclusion of the Christmas period on a week about basis commencing with the mother and concluding with X in the father’s care at 5.00pm two days prior to the commencement of school;
(d) for such other and further times as agreed between the parties in writing.
5. X spend time with each parent on her birthday and to facilitate the same in default of agreement, whichever parent does not have X waking up in their care pursuant to these orders will collect her from school (or at 3.30pm in the event it is not a school day) and return her to the care of the other parent at 7.00pm.
6. X spend time with the father and mother respectively on Father’s Day and Mother’s Day from 11.00am until 3.00pm.
7. Unless otherwise agreed, changeover occur either at X’s kindergarten, school, or on non-school days at the closest McDonalds to X’s school (currently Suburb B).
8. Both parents be at liberty to communicate with any school or educational institution that X attends and participate in and attend all events, such as parent-teacher interviews, performances and sports days, and to receive information ordinarily provided to parents at their individual expense and these Orders shall act as an authority for the same.
9. Both parents:
(a) be at liberty to participate in and attend all extracurricular activities that X participates or is enrolled in, including but not limited to sports and music;
(b) shall provide each other with all the necessary details in relation to any extracurricular activity in which they have enrolled X; and
(c) are not obliged to ensure that X attends any extracurricular activity which falls within their scheduled time with her, and which she was enrolled in solely by the other parent.
10. Both parents be at liberty to communicate with any doctor or health care professional that X attends and these Orders shall act as an authority for the same.
11. Each parent inform the other with no less than 42 days' prior written notice if they intend to travel overseas with X, unless they are travelling for an emergency, such as the serious illness or death of a relative, and the non-travelling parent must not unreasonably refuse the travel request.
12. The parents do all things and sign all documents necessary to obtain and renew an Australian passport for X and do all things and sign all documents that may be necessary for X to travel as and when required, and the father shall retain the passport when X is not travelling with either parent.
13. Each parent, if requested by the other, when intending to travel outside of Australia with X provide to the requesting parent an itinerary containing the details of their proposed travel plans, with such itinerary to include at least:
(a) the destination(s);
(b) the arrival and departure dates and times, including flight numbers if applicable;
(c) the address(es) of where X will be staying; and
(d) a contact telephone number for X.
14. Unless otherwise agreed between the parents in writing, neither parent may travel with X in excess of 28 days at a time.
15. Unless otherwise agreed between the parents in writing, neither parent may travel with X to any country or territory that is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction.
16. In the event that the travelling parent's proposed travel plans with X interfere with the non-travelling parent’s time with X, the non-travelling parent is entitled to make-up time if requested.
17. The parties shall have leave to provide a copy of these Orders to any educational institution that X is enrolled in.
18. Both parents:
(a) keep the other advised at all times of their current residential address, email address and mobile telephone number, and notify the other in writing within 24 hours of any changes to any of these;
(b) provide to the other 28 days' written notice of any proposed change to their residential address;
(c) immediately notify the other of any medical emergency, illness or injury requiring treatment or consultation with a medical practitioner or allied health professional suffered by X whilst she is in their care;
(d) keep the other informed in writing as to any medical professional or other qualified person that they propose to consult in relation to X;
(e) list the other as next of kin of X and provide their details to any medical practitioner that attends upon X; and
(f) keep the other informed in writing as to any non-school extra-curricular activities concerning X, including the times to ensure both parents are able attend any such extra-curricular activities.
19. Both parents are restrained by injunction from:
(a) abusing, insulting, belittling or otherwise denigrating the other parent or members of the others parent’s family to, or in the presence of X, or allowing X to remain in the presence of any third party engaging in such behaviour;
(b) discussing these proceedings or allowing X to read the contents of any material filed in these proceedings, or related to these proceedings;
(c) consuming any illicit drugs or consuming alcohol beyond the drink-driving limit whilst X is in their care;
(d) inflicting any form of corporal punishment on X or allowing any third party to do so; and
(e) permitting any other person from doing any of the above in X’s presence or hearing and both parents will do all acts and things reasonably necessary to prevent X from being exposed to any such behaviour.
20. All Orders above providing how X is to spend time or communicate with the parents are subject to any alternative written agreement reached between them.
21. The Independent Children’s Lawyer’s appointment be discharged.
22. All extant applications be otherwise dismissed.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
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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