FEDERAL MAGISTRATES COURT OF AUSTRALIA
| RIDLEY & WHITTLE & ANOR | [2011] FMCAfam 985 |
| FAMILY LAW – Parenting orders – seven year old child – application by maternal step-grandmother – grandmother has been primary carer – mother did not participate in proceedings – issues of father’s capacity – religious differences between the parties. |
| Family Law Act 1975, ss.60B, 60CA, 60CC, 65C |
| B and B: Family Law Reform Act 1995 (1997) FLC ¶92-755 Connor & Bourke & Anor [2008] FMCAfam 69 “Re Evelyn” (1998) FLC ¶92-807 Rice v Miller (1993) FLC ¶92-415 Dennett & Norman [2007] FamCA 57 McCall & Clark [2009] FamCAFC 92 Mazorski & Albright [2007] FamCA 520 G & C [2006] FamCA 994 Champness & Hanson [2009] FamCAFC 96 |
| Applicant: | MS G RIDLEY |
| First Respondent: | MR WHITTLE |
| Second Respondent: | MS K RIDLEY |
| File number: | DGC 893 of 2010 |
| Judgment of: | McGuire FM |
| Hearing dates: | 18, 19 & 20 July and 2 August 2011 |
| Date of last submission: | 2 August 2011 |
| Delivered at: | Dandenong |
| Delivered on: | 16 September 2011 |
REPRESENTATION
| Counsel for the Applicant: | Mr D Kent-Hughes |
| Solicitors for the Applicant: | Robert Halliday & Associates |
| Counsel for the First Respondent: | Ms C Jenkins |
| Solicitors for the First Respondent: | Christopher Woods & Associates |
| The Second Respondent: | No appearance |
| Counsel for the Independent Children’s Lawyer: | Mr P O’Connell |
| Independent Children’s Lawyer: | Ms B Jenkins, Victoria Legal Aid |
ORDERS
That the child [X] born [in] 2004 (“[X]”) live with the applicant maternal grandmother.
That the applicant maternal grandmother and the father equally share parenting responsibility for [X].
That [X] spend time with the father as follows:
(a)
each second weekend from after school Thursday until the start
of school on Monday (extending to the start of school on Tuesday in the event of a long weekend) with the father to be responsible for collecting [X] from her school and returning her to her school accordingly;
(b)on each second Monday from after school until 8.00 pm with the father to collect [X] from school and return her to the maternal grandparents’ residence accordingly;
(c)for one half of [X]’s term school holidays as agreed between the maternal grandmother and the father but failing agreement then for the first half of such holidays;
(d)for one half of [X]’s summer school holidays being the first half of the holidays commencing in odd-numbered years and the second half in holidays commencing in even-numbered years;
(e)such other times as may be agreed between the maternal grandmother and the father.
That the time in paragraphs 3(a) and 3(b) hereof be suspended during school holidays.
That in any event [X] spend time with the father each year from 5.00 pm on 24 December until 5.00 pm on 26 December and from 5.00 pm Easter Thursday until 5.00 pm Easter Monday (should term school holidays coincide with Easter it being intended that [X]’s holiday times with the father take in the Easter period).
That in any event [X] shall spend time with the maternal grandparents from 4.00 pm on the day…
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- Case
- [2011] FMCAfam 985
- Decision Date
CaseChat Overview and Summary
The court had to resolve several key legal issues, including whether [X] should live with the maternal grandmother, the extent of parenting responsibilities to be shared between the grandmother and the father, and the specifics of the father's visitation rights. Additionally, the court needed to address concerns about the father's use of illicit drugs and the mother's role in [X]'s life. The court also had to decide on the educational arrangements for [X] and the conditions under which the mother could spend time with [X].
The court found that [X] should live with the maternal grandmother and that the grandmother and the father should share equal parenting responsibilities. The detailed visitation schedule for the father included specific times during weekends, school holidays, and special holidays such as Christmas and Easter. The court imposed restrictions on the father's use of illicit drugs and mandated that changeovers occur at the grandmother's home unless otherwise agreed. The mother's visitation was permitted only with the grandmother's consent and under supervision. The court also ruled that [X] should continue her education at [M] School, subject to any written agreement between the grandmother and the father.
The final orders provided a comprehensive parenting plan, ensuring [X]'s welfare and addressing the concerns of all parties involved. The court's decision reflected a balanced approach, considering the best interests of the child while respecting the rights and responsibilities of the grandmother and the father.
Orders
Orders of the court
1.
That the child [X] born [in] 2004 (“[X]”) live with the applicant maternal grandmother.
2.
That the applicant maternal grandmother and the father equally share parenting responsibility for [X].
3.
That [X] spend time with the father as follows:
(a)
each second weekend from after school Thursday until the start
of school on Monday (extending to the start of school on Tuesday in the event of a long weekend) with the father to be responsible for collecting [X] from her school and returning her to her school accordingly;
(b) on each second Monday from after school until 8.00 pm with the father to collect [X] from school and return her to the maternal grandparents’ residence accordingly;
(c) for one half of [X]’s term school holidays as agreed between the maternal grandmother and the father but failing agreement then for the first half of such holidays;
(d) for one half of [X]’s summer school holidays being the first half of the holidays commencing in odd-numbered years and the second half in holidays commencing in even-numbered years;
(e) such other times as may be agreed between the maternal grandmother and the father.
4.
That the time in paragraphs 3(a) and 3(b) hereof be suspended during school holidays.
5.
That in any event [X] spend time with the father each year from 5.00 pm on 24 December until 5.00 pm on 26 December and from 5.00 pm Easter Thursday until 5.00 pm Easter Monday (should term school holidays coincide with Easter it being intended that [X]’s holiday times with the father take in the Easter period).
6.
That in any event [X] shall spend time with the maternal grandparents from 4.00 pm on the day that Eid commences until 9.00 am on the day following Eid in each year.
7.
That the father be and is hereby restrained from using any illicit drug during any period that [X] is in his care and for 12 hours prior to [X] coming into his care.
8.
That for the purposes of the father’s time with [X] pursuant to these orders, all changeovers that do not take place at [X]’s school will occur with the father collecting [X] from the maternal grandmother’s home and returning [X] to that home.
9.
That the mother spend time with [X] only with the agreement of the maternal grandmother and only under the direct supervision of the maternal grandmother or her delegate.
10.
That [X] continue her education at [M] School unless agreed otherwise between the maternal grandmother and the father in writing.
NOTATION:
(A)Paragraph 1 of these orders allows the father to such full involvement in [X]’s education as would normally be permitted a parent including but not limited to the provision by the school of all relevant information and notices and being able to attend at all school events and meetings usually attended by parents.
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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