RONCALLI & RONCALLI

[2018] FamCA 535

FAMILY COURT OF AUSTRALIA

RONCALLI & RONCALLI [2018] FamCA 535

FAMILY LAW – CHILDREN – Interim parenting – Where the father seeks orders permitting him to take the children overseas – Where the mother seeks an increase in time with two of the children – Where parties disagree on details of changeover and holiday time – Where siblings are separated – Where the father has strongly influenced the views of one of the children – Where time overseas would disrupt the children’s relationships with their parents and each other – Court finds it would be best for children to adjust to current spend time arrangements before an increase in time – Court finds it would not be in the best interests of the children to go overseas with the father – Orders made specifying changeover time and location.

Family Law Act 1975 (Cth), s 60CC

APPLICANT: Mr Roncalli

RESPONDENT: Ms Roncalli

FILE NUMBER: SYC 6230 of 2016

DATE DELIVERED: 14 June 2018

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Stevenson J

HEARING DATE: 1 June 2018

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Kearney SC

SOLICITOR FOR THE APPLICANT: Barkus Doolan

COUNSEL FOR THE RESPONDENT: Mr Kenny

SOLICITOR FOR THE RESPONDENT: Turner Freeman Lawyers

Orders

Definitions:

A)D means D Roncalli born … 2006.

B)E means E Roncalli born … 2009.

C)F means F Roncalli born … 2014.

PENDING FURTHER ORDER AND BY CONSENT IT IS ORDERED AS FOLLOWS THAT:

1. The father and the mother have equal shared parental responsibility for the children:

   ●D Roncalli born … 2006;

   ●E Roncalli born … 2009; and

   ●F Roncalli born … 2014.

2. Pending further order D and E live with their father and spend time with their mother as follows:

   2.1During the school term, commencing Friday, 25 May 2018 from the conclusion of school (or 3.00 pm if a non school day) to the commencement of school Monday (or 9.00 am if a non school day) and each alternate weekend thereafter;

   2.2      At times agreed between the parties in writing.

3. F live with the mother and spend time with the father as the follows:

   3.1During the school term, commencing Friday, 1 June from 3.00 pm to the commencement of preschool Monday (or 9.00 am if a non preschool day and each alternate weekend thereafter;

   3.2      At times agreed between the parties in writing.

4. The children spend time with each of their parents during the school holiday periods as agreed, and if not agreed then as follows:

   4.1During each of the short NSW public school holiday periods at the conclusion of Terms 1, 2 and 3 as follows:

   4.1.1From 4.00 pm on the first Friday following the conclusion of school term until the second Saturday of the school holiday period at 4.00 pm with the mother (8 nights);

   4.1.2From 4.00 pm on the second Saturday of the school holiday period until the Sunday before school is to recommence at 4.00 pm with the father (8 nights);

   4.1.3   At such other times as agreed between the parties.

   4.2      during the end of Term 4 as follows:

   4.2.1The children shall live with the mother from 4.00 pm on 29 December to 4.00 pm 8 January 2019 (10 nights)

   4.2.2The children shall live with the father with 4.00 pm on … 2019 to 8.00 pm … 2019 (being the husband's birthday) (10 nights);

   4.2.3The children shall live with the mother from 8.00 pm on 18 January to 4.00 pm 23 January 2019 (5 nights);

   4.2.4The children shall live with the father from 4.00 pm on 23 January to 28 January when F will be returned to the care of the mother, at 9.00 am on 28 January 2019.

   IT IS TO BE NOTED: that the alternation of weekends during the school shall take place on the basis, that the parent who spent the second half of any school holiday period with the children, shall spend the second weekend of the school term with the children.

5. All school holiday periods be as per the school calendar for the school in which E attends (the NSW Gazette school holidays).

6. Each of the children live with their parents on the following occasions:

   6.1      With the mother on Mother's Day Sunday from 9.00 am to 5.00 pm and

   6.2      With the father on Father's Day Sunday from 9.00 am to 5.00 pm.

7. The father within seven days of the making of these orders return to the mother F's passport to the office of Turner Freeman and the mother shall retain F's passport at all times pending further order.

8. Each party is restrained from denigrating the other in the presence or hearing of the children and from permitting the children to remain in the presence or hearing of another person denigrating the other.

9. The parties shall ensure that they keep each other informed of mobile telephone numbers and email addresses and ensure that their mobile telephones are kept fully charged and switched on such that they are reasonably contactable by the other party at all times when the children are in their respective care.

10. Each party shall notify the other of any medical emergency, illness or injury suffered by the children whilst in their respective care warranting treatment by a third party and shall authorise any treating health practitioner to communicate with the other parent about the condition and treatment of the children.

11. Within seven days of the making of these orders, the parties do all acts and things necessary to cause the following payments to be made from the Turner Freeman Controlled Monies Account as follows:

    11.1To the wife as she may direct, the sum of $200,000, of which $100,000 shall be categorised as partial property settlement and the balance to be a matter to be categorised by the trial judge;

    11.2To the husband as he may direct, the sum of $200,000, of which $100,000 shall be categorised as partial property settlement and the balance to be a matter to be categorised by the trial judge;

    11.3The sum of $7,485.45 to be paid to J Corp by way of the outstanding balance for the tractor, held in the wife's name;

    11.4the sum of $3,815.90 to K Pty Ltd in respect of invoices #16280 and $16241, with the categorisation of the payment to be reserved to the trial judge.

12. Any costs payable to the husband's accountant for work undertaken after 1 June 2018 in respect of the provision of information or material to Mr L or for the completion of the single expert's report be met at the first instance from the Turner Freeman Controlled Monies Account, reserving the issue of ultimate liability for the same to the trial judge.

13. Each party is restrained from enrolling the children in a school or preschool without the consent of the other in writing.

AND THE COURT ORDERS PENDING FURTHER ORDER THAT:

1. Changeovers which do not occur at the children’s school or preschool occur as follows:

   a.That during occasions, during the school holidays, when F is to spend time with the father, that he shall collect F from the mother’s residence at the commencement of time and the mother shall collect F from the father’s residence at the conclusion of time

   b.That during occasions, during the school holidays, when D and E are to spend time with the mother, that she shall collect the children from the father’s residence at the commencement of time and the father shall collect the children from the mother’s residence at the conclusion of time.

   c.That on Mother’s Day the father shall deliver D and E to the mother’s residence at the commencement of time and shall collect the children from the mother’s residence at the conclusion of time.

   d.That on Father’s Day the mother shall deliver F to the father’s residence at the commencement of time and shall collect the children from the father’s residence at the conclusion of time.

2. During the end of Term 4:

   15.1The children shall live with the mother from 3.00 pm on 21 December until 4.00 pm on 25 December.

   15.2The children will live with the father from 4.00 pm on 25 December until 4.00 pm on 29 December.

3. Otherwise, the Application in a Case filed on 24 April 2018 and the Response to and Application in a Case filed on 18 May 2018 are dismissed.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Roncalli & Roncalli has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 6230  of 2016

Mr Roncalli

Applicant

And

Ms Roncalli

Respondent

REASONS FOR JUDGMENT

The proceedings

1. Mr Roncalli and Ms Roncalli are parties to litigation concerning financial and parenting issues.  They are the parents of three children:

   ·D born in 2006 (12)

   ·E born in 2009 (eight)

   ·F born in 2014 (four).

2. At an interim hearing on 1 June 2018 the issues between the parties were narrowed and, ultimately, involved only parenting matters.  Counsel for the parties jointly submitted a Minute of Consent Orders in the following terms:

   Definitions:

   A)[D] means [D Roncalli] born … 2006.

   B)[E] means [E Roncalli] born … 2009.

   C)[F] means [F Roncalli] born … 2014.

   THE COURT ORDERS PENDING FURTHER ORDER:

   1.That the father and the mother have equal shared parental responsibility for the children [D] born … 2006, [E] born … 2009 and [F] born … 2014.

   2.That pending further order [D] and [E] live with their father and spend time with their mother at follows:

   2.1During the school term, commencing Friday 25 May 2018 from the conclusion of school (or 3pm if a non school day) to the commencement of school Monday (or 9am if a non school day) and each alternate weekend thereafter;

   2.2      At times agreed between the parties in writing.

   3.That [F] live with the mother and spend time with the father as the follows:

   3.1During the school term, commencing Friday 1 June from 3pm to the commencement of preschool Monday (or 9am if a non preschool day and each alternate weekend thereafter;

   3.2At times agreed between the parties in writing;

   4.That the children spend time with each of their parents during the school holiday periods as agreed, and if not agreed then as follows:

   4.1During each of the short NSW public school holiday periods at the conclusion of Terms 1, 2 and 3 as follows:

   4.1.1From 4.00pm on the first Friday following the conclusion of school term until the 2nd Saturday of the school holiday period at 4.00pm with the Mother (8 nights);

   4.1.2From 4.00pm on the second Saturday of the school holiday period until the Sunday before school is to recommence at 4.00pm with the Father (8 nights);

   4.1.3At such other times as agreed between the parties.

   4.2      during the end of Term 4 as follows:

   4.2.1The children shall live with the mother from 3pm on 21 December (the day upon which E concludes the school term) to [TO BE DETERMINED] on 25 December (4 nights);

   4.2.2The children shall live with the father from [TO BE DETERMINED] on 25 December to 4pm on 29 December (4 nights);

   4.2.3The children shall live with the mother from 4pm on 29 December to 4pm 8 January 2019 (10 nights);

   4.2.4The children shall live with the father with 4pm on … 2019 to 8pm … 2019 (being the husband's birthday) (10 nights);

   4.2.5The children shall live with the mother from 8pm on 18 January to 4pm 23 January 2019 (5 nights);

   4.2.6The children shall live with the father from 4pm on 23 January to 28 January when F will be returned to the care of the mother, at 9am on 28 January 2019.

   IT IS TO BE NOTED: that the alternation of weekends during the school shall take place on the basis, that the parent who spent the second half of any school holiday period with the children , shall spend the second weekend of the school term with the children.

   5.That all school holiday periods be as per the school calendar for the school in which [E] attends (the NSW Gazette school holidays).

   6.That each of the children live with their parents on the following occasions:

   6.1With the mother on Mother's Day Sunday from 9am to 5pm; and,

   6.2With the father on Father's Day Sunday from 9am to 5pm.

   7.That the father within 7 days of the making of these orders return to the Mother [F's] passport to the office of Turner Freeman at … and the mother shall retain [F's] passport at all times pending further order.

   8.Each party is restrained from denigrating the other in the presence or hearing of the children and from permitting the children to remain in the presence or hearing of another person denigrating the other.

   9.That the parties shall ensure that they keep each other informed of mobile telephone numbers and email addresses and ensure that their mobile telephones are kept fully charged and switched on such that they are reasonably contactable by the other party at all times when the children are in their respective care.

   10.Each party shall notify the other of any medical emergency, illness or injury suffered by the children whilst in their respective care warranting treatment by a third party and shall authorise any treating health practitioner to communicate with the other parent about the condition and treatment of the children

   11.That within 7 days of the making of these orders, the parties do all acts and things necessary to cause the following payments to be made from the Turner Freeman Controlled Monies Account as follows:

   11.1To the wife as she may direct, the sum of $200,000, of which $100,000 shall be categorised as partial property settlement and the balance to be a matter to be categorised by the trial judge;

   11.2To the husband as he may direct, the sum of $200,000, of which $100,000 shall be categorised as partial property settlement and the balance to be a matter to be categorised by the trial judge;

   11.3The sum of $7,485.45 to be paid to [J Corp] by way of the outstanding balance for the tractor, held in the Wife's name;

   11.4The sum of $3,815.90 to [K Pty Ltd] in respect of invoices #16280 and $16241, with the categorisation of the payment to be reserved to the trial judge.

   12.That any costs payable to the Husband's accountant for work undertaken after 1 June 2018 in respect of the provision of information or material to Mr L or for the completion of the single expert's report be met at the first instance from the Turner Freeman Controlled Monies Account, reserving the issue of ultimate liability for the same to the trial judge.

1. There remained for determination two main issues as follows:

   1.should D and E spend time with the mother on each Tuesday and Thursday from the conclusion of school until 7.30 pm?

   2.should D and E be permitted to spend the period from 16 June 2018 to 23 July 2018 outside of Australia for the purposes of a trip to Europe with the father?

2. There remained three minor issues as follows:

   1.should changeovers on Christmas Day occur at 10.00 am, as proposed by the father or 4.00 pm as sought by the mother?

   2.should all non-school or pre-school changeovers take place at the father’s residence or as proposed by the mother as follows:

   a.That during occasions, during the school holidays, when [F] is to spend time with the Father, that he shall collect [F] from the mother’s residence at the commencement of time and the mother shall collect [F] from the father’s residence at the conclusion of time;

   b.That during occasion, during the school holidays, when [D] and [E] are to spend time with the mother, that she shall collect the children from the father’s residence at the commencement of time and the father shall collected the children from the Mother’s residence at the conclusion of time.

   c.That on Mother’s Day the Father shall deliver [D] and [E] to the mother’s residence at the commencement of time and shall collect the children from the mother’s residence at the conclusion of time;

   d.that on Father’s day the Mother shall deliver [F] to the father’s residence at the commencement of time and shall collect the children from the father’s residence at the conclusion of time.

3. At the conclusion of the interim hearing there remained also the issue of the mother’s application that the father be restrained from enrolling [D] and/or [E] in a school without her consent in writing.  Following my request for clarification of the outstanding issues, however, it appeared that the parties were also prepared to consent to an interim order in these terms:

   That each party be restrained from enrolling the children in school or
   pre-school without the consent of the other party in writing.

Background

1. The mother and the father, who are aged 39 and 43 respectively, began a relationship in November 1996 and married in 2006.  They separated under one roof in July 2016 and the father moved out of the former matrimonial home on 14 August 2016.  This property has been sold and the net proceeds are currently held in a controlled monies account by the solicitors for the mother.  The current balance of this account is approximately $2,190,000.

2. When the father moved out of the former matrimonial home, the three children remained there with the mother.  The father took D and E to live with him in his apartment on 19 August 2016.  F remained in the former matrimonial home in Suburb H with the mother.

3. On 17 September 2016 F stayed with the father while the mother underwent day surgery.  Unexpectedly, the mother was hospitalised until 19 September 2016.  The father retained F until 24 September 2016.  At that time she was returned to the care of the mother.

4. On 14 November 2016 interim orders were made which provided that the children spend time with the mother under supervision.  After an interim hearing on 30 November 2016, orders were made which provided that the three children live with the mother and spend four nights per fortnight with the father.  These orders also provided that the mother have sole parental responsibility for the three children.

5. These orders were not implemented in relation to D and E, who remained with the father.  On 25 July 2017 the parties consented to further interim orders.  The effect was that the interim orders of 30 November 2016 were discharged and D and E continued to live with the father.  F remained in the care of the mother.

6. On 8 December 2016 the mother attended a park in Suburb H for a handover of the three children to the father.  The paternal aunt, Ms M Roncalli, was present and an altercation occurred when she filmed the mother.  This incident resulted in charges of assault and assault occasioning actual bodily harm against the mother and an Apprehended Violence Order for the protection of Ms M Roncalli.

7. The mother defended these charges, which were dismissed by the Local Court on 17 October 2017 after a three-day hearing.  The presiding magistrate made comments which were critical of both the father and the paternal aunt in her reasons for judgment (Item 4 tender bundle of the mother).  Inter alia, her Honour said as follows:

   ●the father stated in the presence of the children in relation to the mother:  “she horrible”, “she’s an absolute disgrace” and “she’s got a mental illness”

   ●an inference is available that the father and the paternal aunt, who is a solicitor, must have been aware that her presence would inflame the situation

   ●the father’s alleged fear of the mother was “implausible”.

1. It is common ground that D and E spent little time with the mother after December 2016.  The mother alleged that the father refused to allow the children to spend time with her, other than in his presence, until March 2017.  The father maintained that the mother did not attempt to spend time with D and E during this period.

2. In January 2017 Dr N, a psychologist, was engaged as a family therapist.  With her assistance, arrangements were made for D and E to spend time with the mother each Monday and Friday afternoon.  The mother collected the children from school and returned them to the father’s home after an evening meal.

3. The mother alleged the father prevented D and E from spending time or communicating with her between 11 July 2017 and 26 August 2017.  She deposed that D and E spent time with her on six occasions between 27 August 2017 and 22 November 2017.  The mother deposed that D and E spent no time and had no contact with her between 11 December 2017 and 2 February 2018.

4. The father deposed that the mother made little effort to see D and E between 2 August 2017 and November 2017.  He maintained that they spent limited time with the mother during this period and that he experienced difficulties in seeing F.

5. Obviously, within the parameters of an interim hearing I can make no findings as to the reasons for this limited contact between the three children and their parents.  There was no opportunity for the testing of evidence, which must await a trial in the event that the parties proceed down that path.

6. It was common ground that the parties agreed on 2 February 2018 to implement the recommendations of a single expert, Dr O, as set out in his report of 19 December 2017.  Dr O recommended an immediate introduction of overnight stays for all three children with each parent on alternate weekends.  Dr O suggested four periods of one overnight and then an increase to two overnight stays.

7. It seems that there have been some difficulties with these arrangements since March 2018, with each of the parties blaming the other for these various disruptions.  Again, it is impossible that I make any findings as to these disputed factual issues.

Approach to these proceedings

1. I am called upon to decide four discrete issues and will do so by having regard to the best interests of the children as the paramount consideration. I will determine what parenting orders are in the best interests of the children by reference to the factors set out in section 60CC of the Family Law Act 1975 (Cth). I will now consider and determine in turn each of the four outstanding parenting issues.

1. Whether D and E should spend time with the mother each Tuesday and Thursday from the conclusion of school until 7.30 pm in addition to alternate weekends

1. The father opposed these orders, contending that “there is no reason to distinguish between the children as the mother seeks”.  Senior counsel for the father pointed to paragraph 169 of the report of Dr O, where he opined as follows:

   [D] and [E] will both be acutely distressed if removed from their father as would [F] if removed from her mother.  This would however settle if provided with regular contact with the other parents and with the maintenance of their current school placements and extracurricular and social activities.

2. The father deposed that [D] and [E] are involved in a number of extracurricular activities.  In his affidavit of 24 April 2018 the father stated:

   33.On Mondays they both have swim lessons after school.  Tuesday [D] attends Karate and [E] has Netball in the mornings and piano after school.  On Wednesdays they have [language] lessons.  On Thursdays [D] attends coding lessons and [E] has acro in the mornings and drama in the afternoon.  Neither of the children have activities on Fridays.

3. Counsel for the mother indicated that she will rent accommodation in Suburb H, utilising funds from the sum of $200,000 which she is to receive pursuant to the agreement reached by the parties on 1 June 2018.  Counsel indicated further that the mother would collect the children from school, take them to their extracurricular activities and return them to the father’s apartment.

4. It seems to me to be in the best interests of the children that they have a proper opportunity to settle into the current arrangements, after the disruptions and parental hostility which they have experienced since the separation.  These arrangements should not be varied, in my view, until the children have become settled into a routine of time with each parent.

5. I am mindful of the expert assessment of Dr O that D’s stance toward the mother is “strongly influenced by his father”.  Dr O reported as follows:

   158.[D] expressed strong and consistent views that he did not wish to have overnight contact with his mother.  He was particularly opposed to overnight contact.  His intense account was however inconsistent with his evident desire to have a relationship with his mother, as evidenced by his disappointment that she failed to attend his guitar performance at school that day.  There was no doubt that [D’s] views had been strongly influenced by his father.  When exposed to parental conflict he had been repeatedly informed that his mother was crazy and suffering from a mental illness.  His mother’s emotional reactivity confirmed this view.  He had become strongly aligned with his father.  His expressed distress regarding orders to return to his mother’s care had culminated in the school counsellor at [P School] informing the mother that this was inappropriate.  This highlighted the intensity of his emotional expression.  His father had reinforced this by validating his experience.  When [D] and [Mr Roncalli] were not supported by [Ms Q], [Mr Roncalli] discontinued this Court ordered intervention.  This highlighted the father’s encouragement of [D’s] opposition to contact with his mother.

6. Dr O considered that E was influenced in her views by D.  He reported as follows:

   159.[E] was identified to have a particularly close bond with her father.  She was seen to follow [D’s] lead regarding her wishes.  When she did express the view that she would like to have overnight stays with her mother, she retracted this in response to [D’s] ardent opposition.

7. It seems to me that there is a real risk that the father would tell D and E that they are required to spend time with the mother each Tuesday and Thursday afternoon contrary to his (the father’s) wishes.  I have little reason for optimism that the father would desist in his denigration of the mother and promote such an arrangement for additional time.

8. I am thus of the view that there is an appreciable risk that an arrangement for time with the mother on Tuesday and Thursday afternoons would break down, with potential flow-on consequences for the viability of alternate weekends in her care.  I conclude that it is in the best interests of the children, at this stage, that they be afforded a proper opportunity to settle into the time arrangements which were agreed by the parties.  I will dismiss this part of the relief sought by the mother.

1. Trip to Europe

1. I am inclined to the view that the father did not consult with the mother when he arranged this trip to Europe.  She deposed that the father first informed her of this trip in an email dated 15 February 2018, which read as follows:

   Hi [Ms Roncalli],

   I would like to apply for the issue of passports for [D] and [E] as I am planning a holiday to [Europe] with them so that they can meet my family.  The dates for this holiday are Mid June to Mid July which coincide with [D’s] longer school holidays.

   As neither of them have passports I need to take action now for the passports to be issued.

   Please advise where you would like the forms for their passports sent for you to sign.

   [Mr Roncalli].

2. The father deposed that he raised the issue of a trip to Europe with the mother “in our [sic] about mid 2017”.  The father maintained that the mother said “You’re not taking [F]”.  The father then proceeded to purchase air tickets for himself, D and E.

3. In my view, the father’s evidence taken at its highest could not be construed as a consent by the mother for a trip to Europe by D and E.  I consider that the father acted in high-handed and unilateral manner and simply proceeded to make arrangements, to his satisfaction, without regard to the views of the mother.

4. I accept the submission of senior counsel for the father to the effect that the issues in relation to the trip to Europe are timely return of the children to Australia and disruption of their relationships.  I consider that the father’s ties to Australia are of sufficient strength to ensure that he returns to this country with D and E.  I am not as confident that the father would refrain from taking unilateral steps to extend the children’s stay in Europe if it suited him to do so.

5. I regard the question of disruption of the three children’s relationships with each of their parents as the most significant issue in relation to the proposed trip to Europe.  The relationship between D and E and the mother is as yet only the early stages of repair and would be disrupted by an absence of five weeks.  Similarly, F’s relationship with the father would be disrupted by such a break in contact and communication.

6. I am mindful of the father’s own evidence that:

   The children all spending time together provides greater stability and security for them as they are together for more extended periods.  This arrangement will provide an opportunity for the older children to improve their relationship with their mother …

   The father gave this evidence in support of his proposal that F spend an additional night per fortnight in his care.  In my view, this opinion of the father is equally apposite to his wish to separate the three children from their parents for five weeks.  The trip to Europe obviously would also separate D and E for F from that same five-week period.

7. The father deposed that it is “more than 20 years” since he visited any of his family members in Europe.  He indicated that he wishes to travel to Europe now to see a maternal uncle who was over eighty years of age.  Obviously, nothing whatsoever prevents the father from travelling to Europe without the children for that or any other purpose.

8. Having regard to the expert opinion of Dr O in relation to the father’s “strong influence” on D, I am conscious that there is an appreciable risk that he will take the opportunity to blame the mother if the children are unable to travel to Europe.  I am not confident that the father would see fit to present this outcome to the children as an independent decision of the court, as I would consider to be his responsibility as a parent.

9. Taking into account this risk, however, I conclude that it would be contrary to the best interests of D and E that there be this disruption in their time with the mother and F for five weeks.  I am acutely conscious that the process of repair of the relationship of D and E with the mother is in the early stages of restoration.  Of equal significance, in this context, is a separation of four year old F from the father, D and E for five weeks.

10. There will be opportunities in the future for the father to take the children to Europe, once their parental relationships are restored to a secure and stable basis.  At an appropriate time, prima facie it would be in their best interests to enjoy their European heritage with the father.  For these reasons, I will dismiss this aspect of the relief sought by the father.

1. Should changeovers on Christmas Day occur at 10.00 am, as proposed by the father, or 4.00 pm as sought by the mother?

1. Counsel for each of the parties acknowledged that this decision is of an arbitrary nature.  Counsel for the mother indicated that Christmas lunch is a significant event in her family.  I will order that changeovers on Christmas Day occur at 4.00 pm for that reason.

1. Changeover point

1. I can see no justification for a requirement that the mother do all travel necessary to effect changeovers at the father’s residence, when such are not possible at the children’s school and pre-school.  I see no reason why the father should be exempted from responsibility for undertaking some of the necessary travel.  Accordingly, I will make orders as proposed by the mother in terms of changeover points.

I certify that the preceding forty (40) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Stevenson delivered on 14 June 2018.

Associate: 

Date:  14 June 2018