SLATER & REMINGTON

Case [2014] FCCA 460


FEDERAL CIRCUIT COURT OF AUSTRALIA

SLATER & REMINGTON [2014] FCCA 460

Catchwords:
FAMILY LAW – Children – significant geographical distance between households – History of instability for children – Importance of stability.

FAMILY LAW – Costs – application for re-imbursement of airfares to recover children – Application dismissed.

Legislation:
Family Law Act 1975, ss.4, 11F, 60B, 60CA, 60CC, 61B, 61C, 61DA, 65DAA, 65DAC, 65Y, 65Z, 68Q, 117, 117A

Magistrates Court Family Violence Protection Act 2008 (Vic)
Children and Young Persons (Care and Protection) Act 1998 NSW
Federal Circuit Court Rules 2001, r.21.10

Re Georgina and Luke (No 2) (2008) 40 Fam LR 247
AMS and AIF (1999) 24 Fam LR 756
Goode v Goode (2007) 36 Fam LR 422, (2006) FLC 93-286
MRR v GR [2010] HCA 4
B and B: Family Law Reform Act 1995 (1997) 21 Fam LR 676, (1997) FLC 92-755
Morgan v Miles (2008) Fam LR 275, (2007) FLC 93-343
Taylor v Barker (2008) 37 Fam LR 461
Mazorski v Albright (2008) 37 Fam LR 518
T & N (2004) 31 Fam LR 281
Re JJT; Ex parte Victoria Legal Aid (1998) 195 CLR 184
Stephens & Stephens & Ors (Enforcement) (Costs) [2010] FamCAFC 172
Cachia v Hanes (1993-94) 179 CLR 408
Oscar & Traynor [2008] FamCAFC 158
Applicant: MS SLATER
Respondent: MR REMINGTON
File Number: BRC 10328 of 2009
Judgment of: Judge Lapthorn
Hearing dates: 8, 9, 10, 11, 22, 23 April, 7 June, 18 July, 9 December 2013, 14 and 26 February 2014
Date of Last Submission: 26 February 2014
Delivered at: Brisbane
Delivered on: 14 March 2014

REPRESENTATION

Counsel for the Applicant: N/A
Solicitors for the Applicant: In person
Counsel for the Respondent: Mr Thexton
Solicitors for the Respondent: Thexton Lawyers
Counsel for the Independent Children’s Lawyer: Mr Cameron
Solicitors for the Independent Children’s Lawyer: Jennifer Boulton Solicitor

ORDERS

  1. That all previous parenting orders be discharged.

  2. That the parents have equal shared parental responsibility for the children X born (omitted) 2007 and Y born (omitted) 2008 (the children).

  3. That the children live with the mother.

  4. That the children spend time with the father as agreed between the parties and failing agreement as follows:

    (a)in the event that the father resides in excess of a 120km radius of the children’s school:

    (i)for 10 days of the New South Wales School Holidays at the end of terms one, two and three each year as agreed and failing agreement the first 10 days; and

    (ii)for one half of the New South Wales School Holidays at the end of term four each year as agreed and failing agreement the first half in even numbered years and the second half in odd numbered years; and

    (iii)provided the father gives the mother one month’s prior written notice of his intention to travel to within 120km of the children’s school for the purposes of spending time with the children on a weekend during school term then from afterschool Friday to 6pm Sunday or 6pm Monday if a public…

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Details
AGLC
SLATER & REMINGTON [2014] FCCA 460
Case
[2014] FCCA 460
Decision Date

CaseChat Overview and Summary

In the matter of *Slater & Remington*, Judge Lapthorn considered parenting orders concerning two children, X and Y. The dispute involved the significant geographical distance between the parents' residences and the children's history of instability, with a focus on the importance of stability for the children.

The court was required to determine the appropriate parenting arrangements for the children, including the allocation of parental responsibility and the specific time the children would spend with each parent. Additionally, the court addressed an application by the mother for reimbursement of airfares incurred in recovering the children, as well as the discharge of previous orders and the appointment of an Independent Children's Lawyer.

Judge Lapthorn applied the paramountcy principle, prioritising the best interests of the children. The court found that while equal shared parental responsibility was appropriate, the children would live with the mother to provide greater stability. The father's time with the children was structured to accommodate varying distances between his residence and the children's school, with detailed provisions for school holidays and weekend contact. The court also made orders restraining denigration of either parent and requiring the father to obtain leave before filing future parenting applications. The mother's application for reimbursement of airfares was dismissed.

Orders

Orders of the court

1.

That all previous parenting orders be discharged.

2.

That the parents have equal shared parental responsibility for the children X born (omitted) 2007 and Y born (omitted) 2008 (the children).

3.

That the children live with the mother.

4.

That the children spend time with the father as agreed between the parties and failing agreement as follows:

(a) in the event that the father resides in excess of a 120km radius of the children’s school:

(i) for 10 days of the New South Wales School Holidays at the end of terms one, two and three each year as agreed and failing agreement the first 10 days; and

(ii) for one half of the New South Wales School Holidays at the end of term four each year as agreed and failing agreement the first half in even numbered years and the second half in odd numbered years; and

(iii) provided the father gives the mother one month’s prior written notice of his intention to travel to within 120km of the children’s school for the purposes of spending time with the children on a weekend during school term then from afterschool Friday to 6pm Sunday or 6pm Monday if a public holiday on that weekend.

(b) In the event that the father resides within a 120km radius of the children’s school but greater than a 30 minute drive from the school:

(i) Each alternate weekend from after school Friday to 6pm Sunday; and

(ii) For one half of the New South Wales School Holidays each year as agreed and failing agreement for the first half in even numbered years and the second half in odd numbered years.

(c) In the event that the father resides within a 30 minute drive from the children’s school:

(i) Each alternate week from afterschool Friday to before school Tuesday; and

(ii) For one half of the New South Wales School Holidays each year as agreed and failing agreement for the first half in even numbered years and the second half in odd numbered years.

5.

That the children have telephone and/or Skype communication with the parent they are not ordinarily living with pursuant to these orders each Monday, Wednesday and Friday at 6.30pm being the time where the children are residing that day with the parent with whom the children are not residing that day being responsible for making the telephone call and the other parent to make sure the children are available to take the call.

6.

That each party is hereby restrained from denigrating the other party to or in the presence of or hearing of the children and must use their best endeavours to ensure that no other person does so and in the event of some other person doing so the parent must immediately remove the children from the vicinity of the person doing so.

7.

That the father is hereby restrained from filing any Application for Parenting Orders in any court without leave of the court first had and obtained.

8.

That the appointment of the Independent Children’s Lawyer be discharged.

9.

That the mother’s application for re-imbursement for costs incurred in relation to recovering the children pursuant to orders made 17 October 2012 be dismissed.

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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