FAMILY COURT OF AUSTRALIA
| STADLER & BLAU | [2017] FamCA 452 |
| FAMILY LAW – CHILDREN – Where the mother seeks to relocate with the three children to E Town – Where the father opposes the relocation – Consideration of section 60CC of the Family Law Act 1975 (Cth) – Consideration of the best interests of the children – Consideration as to the impact of proposed relocation on the children’s relationship with their father – Court finds that the mother and father will have equal shared parental responsibility of the children – Court finds a relocation to E Town will be in the best interests of the children – Orders made for the father to spend time with the children in Sydney prior to relocation – Orders made for the father to spend time with the children in E Town and for the children to return to Sydney to spend time with the father during school holidays. |
| Family Law Act 1975 (Cth), ss 60CC, 60CC(2), 60CC(3), 65DAA |
| Cases considered |
| APPLICANT: | Ms Stadler |
| RESPONDENT: | Mr Blau |
| FILE NUMBER: | SYC | 3008 | of | 2014 |
| DATE DELIVERED: | 23 June 2017 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Stevenson J |
| HEARING DATE: | 1-3 March 2017 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Maurice |
| SOLICITOR FOR THE APPLICANT: | Shipton & Associates |
| SENIOR COUNSEL FOR THE RESPONDENT: | Mr Priestley SC |
| SOLICITOR FOR THE RESPONDENT: | Barkus Doolan |
Orders
All prior parenting orders in respect of the children.
·B born … 2003 ("B")
·C born … 2005 ("C") and
· D born … 2006 ("D")
(collectively "the children") are discharged.
The mother and the father will have equal shared parental responsibility for the children.
The children will live with the mother.
The mother is permitted to relocate the children's residence to the metropolitan area of E Town, Queensland from a date one week prior to the commencement of Queensland Term 1 in 2018.
The parties forthwith will do all acts and things necessary to ensure that B and C are enrolled to attend E Town State High School and D to attend Suburb F Primary School.
Until the children relocate to E Town with the mother at the commencement of 2018, they will spend time with the father as follows:
6.1from the conclusion of school on Thursday until the commencement of school on Tuesday in each alternate week during school term time and
6.2from the conclusion of school on Monday until the commencement of school on Tuesday in each other week
6.3from 4.00 pm on the Saturday prior to Father's Day until the commencement of school on the following Monday in 2017
6.4for one half of the short school holidays in 2017 and the 2017/2018 Christmas vacation.
The children will spend time with the father as follows:
7.1in E Town during school terms, dependent upon the father's availability to travel to E Town, each alternate weekend from 3.00 pm on Friday to 9.00 am on Monday commencing on the…
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- Stadler and Blau [2017] FamCA 452
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- [2017] FamCA 452
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CaseChat Overview and Summary
The court was required to determine whether to discharge existing parenting orders, whether the parents should have equal shared parental responsibility, where the children should live, and whether to permit the mother to relocate the children to E Town. The court also had to establish detailed arrangements for the children's time with each parent, including provisions for school holidays, travel, and communication.
Stevenson J ordered the discharge of all prior parenting orders. The parents were granted equal shared parental responsibility, with the children to live with the mother. Crucially, the mother was permitted to relocate the children to E Town, Queensland, from a date one week prior to the commencement of Queensland Term 1 in 2018. The orders then set out extensive provisions for the children's time with the father, both before and after the relocation, including specific arrangements for school terms and holidays, travel costs, accommodation, and communication protocols. The court also made orders regarding school enrolment, parental communication with schools, and interstate and international travel.
Orders
Orders of the court
1.
All prior parenting orders in respect of the children.
· B born … 2003 ("B")
· C born … 2005 ("C") and
· D born … 2006 ("D")
(collectively "the children") are discharged.
2.
The mother and the father will have equal shared parental responsibility for the children.
3.
The children will live with the mother.
4.
The mother is permitted to relocate the children's residence to the metropolitan area of E Town, Queensland from a date one week prior to the commencement of Queensland Term 1 in 2018.
5.
The parties forthwith will do all acts and things necessary to ensure that B and C are enrolled to attend E Town State High School and D to attend Suburb F Primary School.
6.
Until the children relocate to E Town with the mother at the commencement of 2018, they will spend time with the father as follows:
6.1 from the conclusion of school on Thursday until the commencement of school on Tuesday in each alternate week during school term time and
6.2 from the conclusion of school on Monday until the commencement of school on Tuesday in each other week
6.3 from 4.00 pm on the Saturday prior to Father's Day until the commencement of school on the following Monday in 2017
6.4 for one half of the short school holidays in 2017 and the 2017/2018 Christmas vacation.
7.
The children will spend time with the father as follows:
7.1 in E Town during school terms, dependent upon the father's availability to travel to E Town, each alternate weekend from 3.00 pm on Friday to 9.00 am on Monday commencing on the second weekend following the resumption of the first school term after the date of these Orders, provided that the father may extend this time to 3.00 pm on Thursday until 9.00 am on Tuesday if his employment commitments permit him to do so
7.1.1 the father will nominate to the mother in writing the dates upon which he intends to travel to E Town for the purposes of Order 7.1 within 21 days of the commencement of each school term
7.2 for the whole of the Term 1 Queensland school holidays
7.3 for the whole of the Term 2 Queensland school holidays
7.4 for the second-half of the Term 4 Queensland school holidays in 2018 and in each alternate year thereafter
7.5 for the first four weeks of the Term 4 Queensland school holidays in 2019 and in each alternate year thereafter and
7.6 at any other time that the father may travel to E Town during school terms, upon his giving seven days' notice to the mother, from 3.00 pm on Friday until 9.00 am Monday or for up to two consecutive overnight periods on weekdays, provided that he will not seek to spend time with the children on the weekends of Mother's Day or proximate to the mother's birthday.
8.
For the purposes of Orders 7.2 and 7.3, in the event that the father is unable to spend time with the children in either Term 1 or Term 2 school holidays, he may choose to make up that time with the children in the Term 3 school holidays, provided he gives two months' notice of his intention to do so.
9.
For the purposes of Order 7.5, in the event that the father gives to the mother two months' notice of his intention to travel to Country G or any other overseas destination, the father may nominate dates of travel for up to five weeks of the school holidays.
10.
10.1 For the purposes of Order 7.1, the mother will ensure that her property at H Street, Suburb F in the State of Queensland, or such other suitable property as the mother may acquire in the E Town area, is vacant and provide the father with a key to the premises in order that he may reside there with the children.
10.2 For the purposes of order 7.1 the mother will provide the father with the use of a registered and serviceable motor vehicle for his use while he is in E Town.
10.3 For the purposes of this Order, the mother will bear the costs of accommodation and motor vehicle use with the exception of purchase of petrol.
11.
For the purposes of Order 7.1 the mother will book and meet the cost of two return flights for the father from Sydney to E Town per school term, provided that he gives to her at least two months' notice in writing as to the day and approximate time that he wishes to travel to and from E Town.
12.
For the purposes of Order 7.3 the mother will book and meet the cost of the children's return flights from E Town to Sydney at the commencement and conclusion of the Terms 1 and 2 school holidays, provided that the father gives to the mother two months' notice in writing as to the days on which the children should travel to and from Sydney.
13.
For the purposes of implementation of these Orders:
13.1 the school term ends at 3.00 pm on the last day that any child attends school for the term and commences at 9.00 am on the first day that any child attends school for the term
13.2 the school holidays commence at 3.00 pm on the last day that any child attends school for the term and ends at 9.00 am on the first day that any child attends school for the term
13.3 the end of the first half of the school holidays will be 12.00 pm on the middle day of the school holidays if there are an uneven number of days in the school holidays or 8.00 pm on the last day of the first half of the school holidays if there are an even number of days in the school holidays
13.4 in the event that the children are returning from or travelling to E Town for part of the school holidays, changeover shall take place at Sydney airport as close to the arrival time or check-in time for their flights as possible
13.5 either parent if travelling overseas or interstate with the children may book flights which leave 24 hours earlier than the end of the school term or return 24 hours later than the commencement of the school term for the purposes of obtaining cheaper airfares
13.6 at the start of each new school term the spend time with arrangements prescribed by Order 7.1 shall recommence in the same pattern of alternating weeks as if the school holiday period had not intervened.
14.
For the purposes of effecting changeover pursuant to these Orders, the following will apply:
14.1 when the changeover occurs at 3.00 pm or the conclusion of school, changeover shall occur at each child's school unless the child is not attending school on such day in which case Order 14.2 will apply for that child and
14.2 all other changeovers will occur at the usual place of residence of the parent with whom the children are living when the changeover is to occur.
15.
The mother will use her best endeavours to initiate communication with the children by telephone and Skype between the hours of 6.00 pm and 8.00 pm only on days when the children are living with or spending time with the father, unless there are other special circumstances which warrant a telephone call being initiated at another time, and the father may initiate communication with the children by telephone and Skype on any day and at all reasonable times when the children are with the mother.
16.
At times when the children are travelling overseas with either parent, he or she will use their best endeavours to facilitate communication between the children and the non-travelling parent every second day.
17.
The mother will provide a copy of these Orders and the telephone and email contact details of the father to the children's respective schools within seven days of receipt of sealed Orders from the Court.
18.
The parents thereafter will do all acts and things and sign all documents required to authorise the schools to provide to the father at his own cost, all information relating to the welfare and progress of the children including but not limited to reports, newsletters, events, applications for school photographs and all other information relating to the children which is usually provided to the parents.
19.
Each party will:
19.1 advise the other party of the residential address of the children and of any changes to that address
19.2 advise the other party of an emergency and urgent message contact number and of any changes to that number
19.3 when wishing to take the child on a holiday within Australia, give to the other party no less than two weeks' notice of the intended holiday specifying the intended destination and contact numbers and provide a copy of a confirmed itinerary showing return flights if the children are travelling interstate.
19.4 in the event that a child becomes ill, suffers an injury or requires medical treatment, the party having the care of the child at that time will at the first reasonable opportunity advise the other parent of the particulars of these circumstances.
20.
If either party wishes to take the children out of Australia:
20.1 that party will travel only within the times that the children spend with that party pursuant to these Orders unless otherwise agreed in writing between the parents
20.2 that party will give to the other at least eight (8) weeks' prior written notice of the intended trip specifying the date and time of departure, the means of transport and all details pertaining thereto including details of the airline with whom the children will be travelling, the intended destination, contact numbers, including at least one mobile telephone number, and addresses for the child for the duration of the trip and the intended date and time of return.
21.
No later than one month prior to the intended date of travel, the travelling party will provide to the other parent a confirmed itinerary showing the booking of the children on a return flight to Australia at the conclusion of the travel and the non-travelling parent shall provide to the travelling parent the passport(s) of the child or children which are held in that parent's possession pursuant to these Orders.
22.
Both parents will do all acts and things and sign all documents necessary to maintain a current Australian passport for each of the children at all times.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
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Evidence
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Decision
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