FAMILY COURT OF AUSTRALIA
| TAIT & DENSMORE | [2007] FamCA 1383 |
| FAMILY LAW – RELOCATION – Application by both parties – Husband’s application to change residence – Wife’s desire to move to Queensland from country New South Wales – Husband’s desire to move the children from country New South Wales to Melbourne – Wife’s proposal to set aside fund for contingencies in circumstances where she could not afford to pay airfares in the future – Meaningful relationship maintained – Best interests of the children |
| Evidence Act 1995 (Cth) Family Law Act 1975 (Cth) |
| A & A; Relocation approach (2000) FLC 93-035 Parkinson P (2006), “Decision-making about the best interests of the child: the impact of the two tiers”, 20 AJFL 2 |
| APPLICANT: | Ms Tait |
| RESPONDENT: | Mr Densmore |
| INDEPENDENT CHILDREN’S LAWYER: | Loretta Terrill |
| FILE NUMBER: | MLF | 2039 | of | 2004 |
| DATE DELIVERED: | 27 November 2007 |
| PLACE DELIVERED: | Albury |
| PLACE HEARD: | Melbourne/Albury |
| JUDGMENT OF: | Justice Cronin |
| HEARING DATE: | 17, 18, 19, 20, & 21 September; 23 November 2007 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Ms Stewart |
| SOLICITOR FOR THE APPLICANT: | Robb & Associates Solicitors Pty Ltd |
| COUNSEL FOR THE RESPONDENT: | Mr Robinson |
| SOLICITOR FOR THE RESPONDENT: | Forte Family Lawyers |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: | Mr Weil |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Loretta Terrill Family Lawyers |
Orders
That all previous orders in relation to the children be and are hereby discharged.
That the parties have equal shared parental responsibility for the children of the marriage:
(a)J born … January 1997; and
(b)M born … October 2001.
That the children live with the wife.
That the wife is permitted to relocate the children to the State of Queensland but not before the conclusion of the 2007 calendar year.
That the time to be spent by the husband pursuant to the orders of 9 August 2006 continue and otherwise remain in force until 31 January 2008.
That the children spend time with the husband as follows:
(a)during school terms in Queensland on the third weekend of each calendar month from after school (or 3.30pm) on Friday (or such other day as the husband arrives in Queensland) until the commencement of school (or 9.00am) Monday (or the next school day following the weekend) such time to take place in Queensland with the husband to travel to Queensland at his expense;
(b)during school terms in Queensland on the first weekend of each calendar month from Thursday evening until Tuesday morning with the wife, at her own expense to deliver and collect the children to and from Melbourne Airport;
(c)for one week in the Queensland Gazetted April school holidays with the parties to share equally in the cost of the children’s airfares;
(d)for two weeks in the Queensland Gazetted June/July school holidays with the parties to share equally in the cost of the children’s airfares;
(e)for one week in the Queensland Gazetted September school holidays with the parties to share…
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- AGLC
- Tait & Densmore [2007] FamCA 1383
- Case
- [2007] FamCA 1383
- Decision Date
CaseChat Overview and Summary
The court was required to determine the extent of equal shared parental responsibility, the primary living arrangements for the children, and whether to permit the wife to relocate the children to Queensland. Further issues included the specific time the children would spend with the husband, communication arrangements between parents and children, and financial provisions to facilitate travel and ensure the wife's ability to meet travel costs. The court also addressed the exchange of information regarding the children's schooling, health, and medical professionals.
Justice Cronin discharged previous orders and made new orders establishing equal shared parental responsibility for the two children. The children were ordered to live with the wife, who was permitted to relocate them to Queensland after the conclusion of the 2007 calendar year. The court detailed specific arrangements for the children to spend time with the husband, including during school terms and holidays, with provisions for travel costs. Communication by telephone and webcam was also ordered, along with the exchange of important information about the children. A sum of $10,000 was to be placed in a joint interest-bearing account to assist with the wife's travel costs, with provisions for its use and eventual distribution.
Orders
Orders of the court
1.
That all previous orders in relation to the children be and are hereby discharged.
2.
That the parties have equal shared parental responsibility for the children of the marriage:
(a) J born … January 1997; and
(b) M born … October 2001.
3.
That the children live with the wife.
4.
That the wife is permitted to relocate the children to the State of Queensland but not before the conclusion of the 2007 calendar year.
5.
That the time to be spent by the husband pursuant to the orders of 9 August 2006 continue and otherwise remain in force until 31 January 2008.
6.
That the children spend time with the husband as follows:
(a) during school terms in Queensland on the third weekend of each calendar month from after school (or 3.30pm) on Friday (or such other day as the husband arrives in Queensland) until the commencement of school (or 9.00am) Monday (or the next school day following the weekend) such time to take place in Queensland with the husband to travel to Queensland at his expense;
(b) during school terms in Queensland on the first weekend of each calendar month from Thursday evening until Tuesday morning with the wife, at her own expense to deliver and collect the children to and from Melbourne Airport;
(c) for one week in the Queensland Gazetted April school holidays with the parties to share equally in the cost of the children’s airfares;
(d) for two weeks in the Queensland Gazetted June/July school holidays with the parties to share equally in the cost of the children’s airfares;
(e) for one week in the Queensland Gazetted September school holidays with the parties to share equally in the cost of the children’s airfares;
(f) for one half of the Queensland gazetted long summer holidays with the husband to have the first half in 2008/2009 and alternating years thereafter and the husband to have the second half in 2009/2010 and alternating years thereafter.
(g) at such further or other times as may be agreed between the parties from time to time.
7.
That the husband communicate with the children by telephone, he making the telephone call and the wife facilitating its reception and delivery to the children on each alternate night when the children are in the care of the wife.
8.
That the wife communicate with the children by telephone, she making the telephone call and the husband facilitating its reception and delivery to the children on each alternate night when the children are in the care of the husband.
9.
That the husband and the wife as soon as practicable do all acts and things as may be necessary to set up a functioning internet communication by webcam and maintain such internet connections and for that purpose, the husband communicate with the children and the wife facilitate such communication accordingly at reasonable times each week.
10.
That the wife facilitate the children communicating with the husband at any time they request to do so.
11.
That in order to facilitate the husband spending time with the children changeovers which do not take place at school, take place at Melbourne airport.
12.
That the wife place $10,000 in an interest bearing account in the joint names of the parties, such account only to be accessed by both parties’ signature or further order of this court, and these monies are to be utilised for the wife’s share of the travel costs in the event she asserts she is unable to afford such costs.
13.
That upon M’s eighteenth birthday, any monies remaining in the said trust account be paid to the wife.
14.
That the husband have liberty to apply with respect to monies in the trust account in the event that the balance of the said account reduces below $2,000.
15.
That each of the parties advise and keep the other advised of their current residential addresses and telephone numbers (landline and mobile numbers).
16.
That each of the parties do all such acts and things and sign all such documents as may be necessary to:
(a) authorise the children’s schools to forward to the other (at the recipient’s expense) copies of all school reports, school photographs, certificates, achievement awards and like academic memorabilia;
(b) advise and keep the other advised of any serious and/or significant health issue experienced by the children or either of them during periods they are in their respective care;
(c) advise and keep the other advised of the children’s medical and treating health professionals from time to time.
17.
That pursuant to s.65DA(2) and s.62B, 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 Fact Sheet attached hereto and these particulars are included in these orders.
IT IS CERTIED
18.
That pursuant to Order 19.50 of the Family Law Rules 2004 it was reasonable to engage counsel to attend.
19.
That all applications are otherwise dismissed and all proceedings removed from the list of cases awaiting a hearing.
20.
That all exhibits be returned to the party producing them upon the expiration of one month after the date of these orders.
21.
That any material produced pursuant to any subpoenae be forthwith returned to the recipient of the subpoena.
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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