SPS & PLS

[2007] FMCAfam 907

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SPS & PLS [2007] FMCAfam 907

FAMILY LAW – Parenting orders – previous orders between same parties – Rice and Asplund rule – no material change in circumstances warranting variation of previous orders.

Family Law Act 1975 (Cth), s.69ZU
Family Law (Shared Parental Responsibility) Act 2006 (Cth), Schedule 1, part 2, clause 44

Burton and Burton (1979) FLC 90-622
D & M [2005] FMCAfam 89
F and N (1987) FLC 91-813
Freeman and Freeman (1986) 11 Fam LR 293
Houston and Sedorkin (1979) FLC 90-699
In the Marriage of Paskandy (2005) 33 Fam LR 509; [2005] FamCA 755
In the Marriage of Rice and Asplund (1978) 6 Fam LR 570; (1979) FLC 90-725
McEnearney and McEnearney (1980) FLC 90-866
McL and McL (1991) 15 Fam LR 1; (1991) FLC 92-238
N & M [2003] FMCAfam 29
S & S [2003] FMCAfam 547

Applicant: SPS

Respondent: PLS

File Number: DNM 2236 of 2001

Judgment of: Lucev FM

Hearing date: 25 June 2007

Date of Last Submission: 25 June 2007

Delivered at: Darwin

Delivered on: 2 November 2007

REPRESENTATION

Applicant: SPS in person

Counsel for the Respondent: Ms J. Truman

Solicitors for the Respondent: North Australian Aboriginal Justice Agency

ORDERS

1. The application be dismissed.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
DARWIN

DNM 2236 of 2001

SPS

Applicant

And

PLS

Respondent

REASONS FOR JUDGMENT

Introduction

1. On 12 December 2003 this Court made parenting orders concerning the parties to this application: SPS[1] and PLS[2], and the children: BMS, born October 1994,[3] and SRS, born July 1997[4], publishing its reasons for judgment in S & S[5]. The reasons for judgment are voluminous[6] and deal comprehensively with the issues then raised.

   [1] “Father”.

   [2] “Mother”.

   [3] “Oldest Child”.

   [4] “Youngest Child”, together the “Children”.

   [5] [2003] FMCAfam 547 (“S & S”).

   [6] 66 pages and 163 paragraphs.

2. Put shortly, the Court determined in 2003 that:

   a)the Children live with the Mother in the Darwin area;[7]

   b)there be joint parental responsibility for the long term care, welfare and development of the Children; and

   c)the Father spend time with the Children for four days a fortnight, and for half of the school holidays.

   [7] The Mother had sought to relocate to Alice Springs.

3. On 3 November 2006 the Father made an application to the Court seeking to discharge the orders that the Children live with the Mother, and that they spend four days a fortnight with the Father,[8] and for orders that each parent have equal time with the Children.

   [8] Being Orders 2, 6(a)(i) and 6(a)(ii) of the Orders made by the Court on 12 December 2003.

4. Additionally, the Father sought an order that the Oldest Child attend College in Darwin from the commencement of the 2007 school year.  Orders were made concerning that issue on 22 January 2007 and it is not necessary to give it further consideration.

5. The Mother seeks that the Father’s application for equal time be dismissed.

First issue

1. The first issue which…