FEDERAL CIRCUIT COURT OF AUSTRALIA
| SLATER & REMINGTON | [2014] FCCA 460 |
| Catchwords: FAMILY LAW – Costs – application for re-imbursement of airfares to recover children – Application dismissed. |
| Legislation: Magistrates Court Family Violence Protection Act 2008 (Vic) |
| 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
That all previous parenting orders be discharged.
That the parents have equal shared parental responsibility for the children X born (omitted) 2007 and Y born (omitted) 2008 (the children).
That the children live with the mother.
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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- SLATER & REMINGTON [2014] FCCA 460
- Case
- [2014] FCCA 460
- Decision Date
CaseChat Overview and Summary
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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