FAMILY COURT OF AUSTRALIA
| STATE CENTRAL AUTHORITY & PEDDAR | [2008] FamCA 519 |
| FAMILY LAW – CHILD ABDUCTION – HAGUE CONVENTION – Facilitating rights of access of requesting parent in Sweden to children to Australia pursuant to reg 24 of the Family Law (Child Abduction Convention) Regulations 1986 – relevant principles. |
| Family Law (Child Abduction Convention) Regulations 1986 Family Law Act 1975 (Cth) Family law Reform Act 1995 Family Law Amendment (Shared Parental Responsibility) Act 2006 |
| De L v Director General, NSW Department of Community Services (1996) FLC 92-706 Director General, Department of Families, Youth and Community Care v Reissner (1999) FLC 92-862 State Central Authority and D [2006] Fam CA 1083 |
| APPLICANT: | State Central Authority |
| RESPONDENT: | Mr Peddar |
| INDEPENDENT CHILDREN’S LAWYER: | Donald Lampe |
| FILE NUMBER: | MLC | 8853 | of | 2007 |
| DATE DELIVERED: | 30 June 2008 |
| PLACE DELIVERED: | Melbourne |
| PLACE HEARD: | Melbourne |
| JUDGMENT OF: | Bennett J |
| HEARING DATE: | 22, 23, 24 & 25 October 2007 & 27 November 2007 |
| DATE OF LAST SUBMISSIONS: | 21 January 2008 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Ms R Stoikovska |
| SOLICITOR FOR THE APPLICANT: | Australian Government Solicitor |
| THE RESPONDENT: | In Person |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: | Mr A Skerlj |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Lampe Family Lawyers |
Orders
That all previous parenting orders in respect of the children F born … April, 1997 and E born … April, 1999 (“the children”) be discharged.
That the parents, Mr Peddar (“the father”) and … (“the mother”) have equal shared parental responsibility for the children.
That the children live with the father.
That the children spend time with the mother, in Sweden, as follows:
(a)for up to four weeks in September/October 2008 to include the children’s third term school vacation:
(b)for five weeks during the Australian Christmas school holiday period in each year; and
(c)for four weeks during June and July in 2009 and each year thereafter to include the children’s second term school vacation;
(d)as may be otherwise agreed between the parties and confirmed in writing.
That in the event that the mother travels to Australia, she provide the father with reasonable notice of her intention to do so with a view to the parties making arrangements for the mother to spend time with the boys as may be agreed or, in the absence of agreement, as ordered by the Court.
That the mother book and pay for the children’s unaccompanied return airline tickets for the first occasion of time spent between herself and the boys in Sweden and each alternate period of time spent thereafter.
That the father book and pay for the children’s unaccompanied return airline tickets for the second occasion of time spent between the mother and the boys in Sweden and on each alternate period of time spent thereafter.
That not less than 30 days prior to the commencement of the first period of time to be spent by the boys in Sweden, the mother notify the father in writing of whether the boys will reside at the residence of their maternal grandparents,…
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- AGLC
- State Central Authority and Peddar [2008] FamCA 519
- Case
- [2008] FamCA 519
- Decision Date
CaseChat Overview and Summary
The court was required to determine the appropriate parenting orders for the children, including the allocation of parental responsibility, the children's living arrangements, and the schedule for the children to spend time with the mother in Sweden. Further issues included the practical arrangements for travel, communication, and the exchange of information between the parents, as well as provisions for the supervision of compliance with the orders.
Bennett J ordered that previous parenting orders be discharged and that the parents have equal shared parental responsibility. The children were ordered to live with the father, with specific provisions for the children to spend time with the mother in Sweden during school holidays and other agreed periods. The orders detailed the responsibilities of each parent regarding travel arrangements, including the booking and payment of flights, and stipulated communication protocols, such as telephone and webcam access. The court also made orders regarding the provision of school reports and photographs to the mother, notification of any change of residential address, and the supervision of compliance with the orders for a period not exceeding two years by a family consultant. All extant applications were dismissed.
Orders
Orders of the court
1.
That all previous parenting orders in respect of the children F born … April, 1997 and E born … April, 1999 (“the children”) be discharged.
2.
That the parents, Mr Peddar (“the father”) and … (“the mother”) have equal shared parental responsibility for the children.
3.
That the children live with the father.
4.
That the children spend time with the mother, in Sweden, as follows:
(a) for up to four weeks in September/October 2008 to include the children’s third term school vacation:
(b) for five weeks during the Australian Christmas school holiday period in each year; and
(c) for four weeks during June and July in 2009 and each year thereafter to include the children’s second term school vacation;
(d) as may be otherwise agreed between the parties and confirmed in writing.
5.
That in the event that the mother travels to Australia, she provide the father with reasonable notice of her intention to do so with a view to the parties making arrangements for the mother to spend time with the boys as may be agreed or, in the absence of agreement, as ordered by the Court.
6.
That the mother book and pay for the children’s unaccompanied return airline tickets for the first occasion of time spent between herself and the boys in Sweden and each alternate period of time spent thereafter.
7.
That the father book and pay for the children’s unaccompanied return airline tickets for the second occasion of time spent between the mother and the boys in Sweden and on each alternate period of time spent thereafter.
8.
That not less than 30 days prior to the commencement of the first period of time to be spent by the boys in Sweden, the mother notify the father in writing of whether the boys will reside at the residence of their maternal grandparents, … and …, during their time in Sweden.
9.
That each parent and/or his or her respective agent, cause the children to be transported to the relevant airport in a timely manner to enable the children to board the scheduled flights.
10.
That no less than one month prior to the time to be spent referred to in paragraph (4) hereof, the parent responsible for the payment of the children’s flights provide to the other parent a detailed itinerary of the flights and a copy of the children’s airline tickets (E-ticket).
11.
That the father be at liberty to accompany the children on the flights to and from Sweden and if he does, the father be responsible for the cost of his own travel. If the father does propose to travel with the children, he immediately provide the mother with notice of his intention to do so.
12.
That the mother be at liberty to accompany the children on the flights to and from Sweden and if she does, the mother be responsible for the cost of her own travel.
13.
That the mother provide to the father a telephone number for the father to have telephone communication during the children’s time in Sweden pursuant to this order.
14.
That notwithstanding any other notice provision in this Order, the mother provide to the father written details of the address or addresses where the children will be residing while in Sweden or spending time with her.
15.
That no less than fourteen days prior to each period of time, the mother provide to the Swedish Central Authority and the father written details of her passport number and driving licence number.
16.
That no less than fourteen days prior to each period of time, the mother write to the children assuring them that she has no intention to retain them in Sweden permanently and that the children will be returned to Australia and the date of their return journey.
17.
That the mother, at her expense, be entitled to communicate by telephone with the children up to twice a week with additional telephone communication permitted on special occasions, including Easter, the children’s birthdays, Mothers’ Day and the mother’s birthday.
18.
That the father, at his expense, have telephone communication with the children twice a week when they are in Sweden spending time with the other with additional telephone communication at Christmas when the children are with the mother pursuant to this Order.
19.
That each parent do all things necessary to facilitate Webcam access between the mother and the children between 4:00 to 5:00 pm. on Sunday of each week (Australian Eastern Standard/Daylight saving time).
20.
That each parent shall refrain from discussing with the children issues which could reflect negatively on the other parent including allegations of sexual abuse, kidnap and/or wrongful retention.
21.
That the father forthwith authorise the principal of M School and each school attended by the children thereafter from time to time to provide to the mother, at her expense (if any) :
(a) copies of each school report in respect of a child;
(b) order forms for photos of the children; and
(c) publications routinely provided to parents.
22.
That notwithstanding the provisions in the preceding paragraph of this Order, the father send the mother at least one school photograph of each child each year.
23.
That not less than fourteen days prior to any change of residential address of the children, the father shall provide the mother with written details of the children’s new address, including any new landline and mobile telephone numbers.
24.
That pursuant to section 65L(1) of the Family Law Act 1975 (“the Act”), compliance with these orders be supervised, as far as practicable, for a period not exceeding two years by a family consultant nominated by the Manager, Child Dispute Services of this Registry of the Court and that such supervision be reportable in the event :
(a) another application is filed pursuant to the Act; and
(b) the judicial officer before whom it is listed requests such a report.
IT IS REQUESTED:
25.
That the independent children’s lawyer meet with the children as soon as practicable and advise them of the nature and effect of the orders made this day.
IT IS FURTHER ORDERED:
26.
That a sealed copy of these orders be provided to the principal at M School and the principal of each other school attended by a child from time to time.
27.
That I reserve liberty to each party and the mother to apply in relation to implementation of this Order and direct that any such application may be returnable before me as soon as practicable.
28.
That the independent children’s lawyer be discharged one month from this date or, in the event a Notice of Appeal is filed, on determination of the appeal.
29.
If either parent initiates further proceedings in this Court in relation to the children, each party is at liberty to seek to have that application listed for mention before myself for directions if I am reasonably available and to do so by contacting my Associate, with their details.
30.
That all extant applications be otherwise dismissed.
IT IS DIRECTED:
31.
That these proceedings be removed from the List of matters awaiting finalisation.
32.
That pursuant to s.62B and s.65DA(2), of the Family Law Act 1975, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders, and details of who can assist parties adjust to and comply with an order, are set out in the document entitled “Family Law Courts Fact Sheet” a copy of which is annexed to these orders.
IT IS CERTIFIED:
33.
That pursuant to Rule 19.50 of the Family Law Rules 2004 this matter reasonably required the attendance of counsel.
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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