FEDERAL CIRCUIT COURT OF AUSTRALIA
| TAFFNER & TAFFNER | [2020] FCCA 1132 |
| Catchwords: FAMILY LAW – Property – assessment of contributions – assessment of future matters. |
| Legislation: Family Law Act 1975 (Cth), ss.4AB, 60CA, 60CC(2)(b), 60CC(2A), 60CC(3), 61DA, 62G, 65DAA(1), 65DAA(2),65DAA(3), 65DAA(5) |
| Cases cited: Aleksovski & Aleksovski (1996) FLC 92-705 C & C (2005) FLC 93-220 Dylan and Dylan [2007] FamCA 842 Farmer & Bramley (2000) FLC 93-060 Goode & Goode [2006] FamCA 1346 Hayne and Hayne (1977) FLC 90-265 Whisler v Whisler (2010) 42 Fam LR 633 |
| Applicant: | MR TAFFNER |
| Respondent: | MS TAFFNER |
| File Number: | BRC 1861 of 2019 |
| Judgment of: | Judge Jarrett |
| Hearing date: | 12 November 2019 |
| Date of Last Submission: | 12 November 2019 |
| Delivered at: | Brisbane |
| Delivered on: | 11 May 2020 |
REPRESENTATION
| Counsel for the Applicant: | Mr Alexander |
| Solicitors for the Applicant: | Macpherson Family Law |
| Counsel for the Respondent: | Mr George |
| Solicitors for the Respondent: | Rosen Lawyers |
ORDERS
THE COURT ORDERS THAT:
Discharge all previous parenting orders.
The applicant and the respondent have equal shared parental responsibility for decisions concerning the major long term issues for the children X and Y both born in 2007.
The children live with the respondent at all times that they are not living with the applicant.
The children live with the applicant:
(a)during school terms from after school on Friday to before school the following Friday and each alternate week thereafter; and
(b)during all school holidays to which the children are entitled, for one half of each school holiday period, being the first half in odd numbered years and the second half in even numbered years.
During school holidays or on special occasions, the parent delivering or returning the children to the other parent shall return the children to the parent’s home where the children will reside that night at 16:30 hours.
The applicant shall pay all costs associated with the children’s attendance upon Mr B pursuant to order 16 hereof.
BY CONSENT THE COURT FURTHER ORDERS THAT:
Extended holidays with either parent may occur with the agreement of the other parent with sufficient notice being provided in writing and where equal holiday time is reciprocated within a 12 month period of the extension of holiday time. The parent who first approaches the other parent to extend holidays in a given holiday period will have priority. Extending holidays over the Christmas period can only be proposed by the Father in odd numbered years and only be proposed by the Mother in even numbered years. In relation to any proposed extended holidays:
(a)Domestic holidays may be extended up to one (1) week with the agreement of each parent. As much notice as practicable should be given but no less than one (1) month notice must be given to negotiate dates and the time extension;
(b)International holidays may be extended by two (2) weeks up to a total of twenty-one (21) nights. Each parent may only plan a maximum of one international holiday with the…
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- AGLC
- TAFFNER & TAFFNER [2020] FCCA 1132
- Case
- [2020] FCCA 1132
- Decision Date
CaseChat Overview and Summary
The court was required to determine the most appropriate parenting orders for the children, including arrangements for their residence, parental responsibility for long-term decisions, and the allocation of time with each parent. Additionally, the court was directed to consider property adjustment orders, although the specific details of the property dispute are not elaborated upon in the provided text.
The court's reasoning, as evidenced by the orders made, focused on establishing a framework for shared parental responsibility and a detailed schedule for the children's time with each parent. This included provisions for equal shared parental responsibility for major long-term issues, specific living arrangements, and detailed arrangements for school holidays, special occasions, birthdays, and parental contact. The orders also addressed practical matters such as communication protocols, medical information sharing, and the use of social media. The court also directed the parties to bring forward short minutes of property adjustment orders.
Orders
Orders of the court
THE COURT ORDERS THAT:
1.
Discharge all previous parenting orders.
2.
The applicant and the respondent have equal shared parental responsibility for decisions concerning the major long term issues for the children X and Y both born in 2007.
3.
The children live with the respondent at all times that they are not living with the applicant.
4.
The children live with the applicant:
(a) during school terms from after school on Friday to before school the following Friday and each alternate week thereafter; and
(b) during all school holidays to which the children are entitled, for one half of each school holiday period, being the first half in odd numbered years and the second half in even numbered years.
5.
During school holidays or on special occasions, the parent delivering or returning the children to the other parent shall return the children to the parent’s home where the children will reside that night at 16:30 hours.
6.
The applicant shall pay all costs associated with the children’s attendance upon Mr B pursuant to order 16 hereof.
BY CONSENT THE COURT FURTHER ORDERS THAT:
7.
Extended holidays with either parent may occur with the agreement of the other parent with sufficient notice being provided in writing and where equal holiday time is reciprocated within a 12 month period of the extension of holiday time. The parent who first approaches the other parent to extend holidays in a given holiday period will have priority. Extending holidays over the Christmas period can only be proposed by the Father in odd numbered years and only be proposed by the Mother in even numbered years. In relation to any proposed extended holidays:
(a) Domestic holidays may be extended up to one (1) week with the agreement of each parent. As much notice as practicable should be given but no less than one (1) month notice must be given to negotiate dates and the time extension;
(b) International holidays may be extended by two (2) weeks up to a total of twenty-one (21) nights. Each parent may only plan a maximum of one international holiday with the children in any calendar year. At least 45 days’ notice with intended travel dates and locations is to be given by the parent requesting the extension. Final itinerary details are to be provided a minimum one month before travel or if not available within 48 hours of them becoming available;
(c) Any holidays planned with the children are to be during scheduled school holidays and must not in any way disrupt the children’s continuity of learning at their school;
(d) Any vaccines and associated expenses that are required for safe travel to the destination/s must be arranged and paid for by the travelling parent; and
(e) The parent who is exchanging holiday time to facilitate the extended holiday plans of the other parent may seek additional information within 48 hours of being asked to change holiday plans if required and if doing so must provide a response within 72 hours of being asked or having received the additional information if applicable so the requesting parent has confirmation they can make travel arrangements.
8.
If the children are not with the Father on Father’s Day, the children will spend from 16:30 the day prior to Father’s Day until they are returned to school on the Monday, with the Father.
9.
If the children are not with the Mother on Mother’s Day, the children will spend from 16:30 the day prior to Mother’s Day until they are returned to school on the Monday, with the Mother.
10.
If the children are in the care of the Father the morning of the children’s birthday, the Mother will spend time after school if applicable or from 16:30 hours on the day of the children’s birthday until the start of the following school day if applicable or till 09:00 hours at which time the Mother will return the children to the care of the father.
11.
If the children are in the care of the Mother the morning of the children’s birthday, the Father will spend time after school if applicable or from 16:30 hours on the day of the children’s birthday until the start of the following school day if applicable or till 09:00 hours at which time the Mother will return the children to the care of the father.
12.
On the Father’s birthday, if the children are not with the Father on the Father’s birthday, then the children will spend from after school if applicable or 16:30 hours the day prior to Father’s birthday until the start of the school day if applicable or until 09:00 hours the day after the Father’s birthday.
13.
On the Mother’s birthday, if the children are not with the Mother on the Mother’s birthday, then the children will spend from after school if applicable or 16:30 hours the day prior to Mother’s birthday until the start of the school day if applicable or until 09:00 hours the day after the Mother’s birthday.
14.
During school terms, unless otherwise agreed in writing between the Father and the Mother, on days the children attend school, all changeovers shall occur at school.
15.
Should a child be prescribed medication or need to attend a hospital the parent attending to the medical needs of the child will advise the other parent of the child’s condition as soon as practicable including, if applicable, information as to the hospital and ward details where the child is being treated. An SMS as the first immediate notification is an acceptable way to advise the parent.
16.
The parents and the children are to participate with Mr B (for as long as Mr B considers it would be beneficial for the children) with a view to improving the family relationships in relation to assisting with co-parenting, including communication and discipline methods, whilst at all times keeping the children’s best interests in mind.
17.
The Children’s passports and birth certificates are to be held by the person who last travelled overseas with the children. If the other parent requires one of the documents, they are to provide a minimum seven (7) days’ notice of when it is required and for what purpose and must return the document within seven (7) days of the completion of the use for which it was required.
18.
The parents shall ensure the children have a phone number (landline or mobile) available between 16:00 and 18:00 each Tuesday and Thursday to allow the other parent to contact them should they wish.
19.
Neither party shall post photos or videos of the children on social media before the age of sixteen (16).
20.
The parties shall not take the children to business events on school nights unless they can be home by 7.00 pm.
21.
Neither party will speak derogatorily about the other party, or about one of the children, to, or in the presence of the children, nor allow any other persons to act or speak in this way.
22.
The parties will use their best endeavours to ensure the children attend school on time.
THE COURT FURTHER DIRECTS THAT:
23.
That within 21 days of the date of these reasons, the parties bring into court short minutes of property adjustment order to give effect to these reasons insofar as they concern property adjustment.
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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