FAMILY COURT OF AUSTRALIA
| TURNBULL & TURNBULL | [2015] FamCA 1099 |
| FAMILY LAW – CHILDREN – Interim parenting – Previous interim orders in place – Where the father has since obtained employment some distance from the mother – Issue over where the child should attend school in the coming year, time spent with the father and changeovers – Significant interpersonal conflict between the parents – Best interests of the child – Where the child has established a relationship with the school proposed by the mother and both proposed schools are a significant distance from the father –The child to attend the school proposed by the mother – Where the interests of the child in a meaningful relationship with both parents is indicative of substantially retaining the current regime of the child’s time with the father – Changeover arrangements given the parents’ conflict. |
| Family Law Act 1975 (Cth) ss 60B, 60CC, 61DA |
| Goode and Goode [2006] FamCA 1346 Kirkland and Granger [2007] FamCA 1471 Marvel & Marvel(No. 2) [2010] FamCAFC 101 Mazorski & Albright [2007] FamCA 520 McCall & Clark (2009) FLC 93-405 Raymond and Harold [2009] FamCA 155 Re G: Children’s Schooling [2000] FamCA 462 Turnbull [2014] FCCA 2606 |
| APPLICANT: | Ms Turnbull |
| RESPONDENT: | Mr Turnbull |
| FILE NUMBER: | PAC | 4597 | of | 2014 |
| DATE DELIVERED: | 10 December 2015 |
| PLACE DELIVERED: | Parramatta |
| PLACE HEARD: | Parramatta |
| JUDGMENT OF: | Foster J |
| HEARING DATE: | 30 November 2015 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Dura |
| SOLICITOR FOR THE APPLICANT: | M & K Lawyers |
| COUNSEL FOR THE RESPONDENT: | Mr Levy |
| SOLICITOR FOR THE RESPONDENT: | Watts McCray Lawyers |
Orders pending further order:
That Orders 3 and 4 made on 14 November 2014 be discharged.
That the child spend time with the father as agreed between the mother and father in writing with such writing to include but be not limited to SMS or email communication and in default of agreement as follows:
(a) until the commencement of school term one in 2016 each alternate week from after day care on Friday to before day care on Monday commencing Friday, 11 December 2015 and in each other week from after day care on Monday to before day care on Tuesday commencing Monday, 21 December 2015;
(b) that from the commencement of school term one in 2016 and thereafter during school term each alternate week commencing on the first weekend after the resumption of school term from after-school care on Friday to before school care on Monday and in each other week from after school care Monday to before school care on Tuesday;
(c) during the Term 1, 2 and 3 mid-year public school holidays from after school care on the last day of school term until 5.00 pm on the midpoint Saturday of such holiday period;
(d) from 4.00 pm Christmas Eve 2015 until 1.00 pm Christmas Day 2015 provided always that the father’s time with the child shall be suspended thereafter until 6.00 pm on 26 December 2015.
That both the mother and father be at liberty to…
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- TURNBULL & TURNBULL [2015] FamCA 1099
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- [2015] FamCA 1099
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CaseChat Overview and Summary
The court was required to determine the best interests of the child in relation to these matters. Specifically, the court had to decide which of the proposed schools the child should attend, given that the child had an established relationship with the school proposed by the mother, and both proposed schools were a considerable distance from the father's new place of employment. Furthermore, the court needed to consider how to maintain a meaningful relationship between the child and both parents, and how to manage changeover arrangements in light of the parents' ongoing conflict.
Foster J ordered that the child attend the school proposed by the mother. In reaching this decision, the court applied the paramount consideration of the child's best interests, noting the child's established relationship with that school. The court also determined that the child's interest in maintaining a meaningful relationship with both parents necessitated substantially retaining the existing regime for the child's time with the father. The court further addressed the changeover arrangements, taking into account the parents' conflict.
Orders
Orders of the court
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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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