FEDERAL MAGISTRATES COURT OF AUSTRALIA
| VIGANO & LATIMER | [2010] FMCAfam 660 |
| FAMILY LAW – Children – relocation – impact of relocation on child’s time with father – consideration of child’s views – children’s best interests served by permitting relocation. |
| Family Law Act 1975, ss.60B, 60CA, 60CC, 61DA, 65DAA |
| Morgan & Miles [2007] FamCA 1230 Paskandy v Paskandy (1999) FLC ¶92-878 A v A: Relocation approach (2000) FLC ¶93-035 U v U (2002) FLC ¶92-112 KB & TC (2005) FLC ¶93-224 Illidge & Norton [2008] FMCAfam 1255 F & F (2008) 38 Fam LR 52 McCall & Clark [2009] FamCAFC 92 Mazorski & Albright [2007] FamCA 520 G & C [2006] FamCA 994 Godfrey & Sanders [2007] FamCA 102 Champness & Hanson [2009] FamCAFC 96 Tait & Densmore [2007] FamCA 1383 H v W (1995) FLC ¶92-598 R and R: Children’s wishes (2000) FLC ¶93-000 Elspeth & Peter; Mark & Peter and John & Peter (2007) FLC ¶93-341 |
| Applicant: | MR VIGANO |
| Respondent: | MS LATIMER |
| File Number: | MLC 3997 of 2008 |
| Judgment of: | McGuire FM |
| Hearing dates: | 17, 18, 19 & 23 March 2010 |
| Date of Last Submission: | 23 March 2010 |
| Delivered at: | Melbourne |
| Delivered on: | 25 June 2010 |
REPRESENTATION
| Counsel for the Applicant: | Dr Alexander |
| Solicitors for the Applicant: | Sievers Lee |
| Counsel for the Respondent: | Mr Ham |
| Solicitors for the Respondent: | Macgregor Solicitors |
ORDERS
That the orders made in the Federal Magistrates Court at Melbourne on 26 March 2009 be discharged.
That the applicant father and the respondent mother have equal shared parental responsibility for the child [X] born [in] 2000.
That [X] live with the mother.
That the mother be permitted to relocate the residence of [X] from Melbourne to Townsville in Queensland.
That [X] spend time with and communicate with the father as follows:
(a)Until [X]’s relocation to Queensland:
(i)on each second weekend between 8.30 am Saturday and 5.00 pm Sunday (but extending to 5.00 pm Monday in the event of a public holiday);
(ii)for one week in Victorian gazetted school holidays provided that the father is on leave from his employment during such periods;
(iii)such other times as agreed between the parties from time to time.
(b)Following [X]’s relocation to Queensland:
(i)during each Queensland school holiday period for one week;
(ii)in the Queensland summer school holidays 2010/2011 for a period of one week as agreed between the parties and failing agreement then commencing at 4.00 pm on 27 December 2010 until 4.00 pm seven (7) days later;
(iii)
in the Queensland summer school holidays 2011/2012
and following for two weeks as agreed between the parties but failing agreement then commencing at 4.00 pm on
27 December until 4.00 pm 14 days later;
(iv)on Wednesday at 6.00 pm Queensland time by telephone with the father to initiate the calls and the mother to ensure that [X] is present and available to accept those telephone calls and to give [X] privacy in taking the telephone calls;
(v)by Skype and e-mail or similar as agreed and arranged between the parties;
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- AGLC
- Vigano & Latimer [2010] FMCAfam 660
- Case
- [2010] FMCAfam 660
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the mother's proposed relocation was in the best interests of the child, the allocation of parental responsibility, and the specific arrangements for the father's access and involvement post-relocation. The court had to weigh the mother's right to move for her own reasons against the father's desire to maintain a significant presence in the child's life. Additionally, the court needed to establish a parenting arrangement that balanced the child's need for stability and continuity in their life with the practicalities of long-distance parenting.
The court concluded that the mother's relocation to Townsville was in the best interests of the child, allowing for her to pursue personal opportunities while maintaining a robust parenting relationship with the father. It was determined that both parents should have equal shared parental responsibility. The child would live with the mother in Townsville, with detailed arrangements set out for the father's access, including regular weekend visits, time during school holidays, and ongoing communication through telephone, Skype, and email. The court also mandated that the mother continue the child's therapy and allow the father to participate in these sessions. Furthermore, the mother was directed to cover the costs of the child's travel between Townsville and Melbourne for visitation purposes, with shared costs if additional travel was agreed upon.
In summary, the court discharged prior orders and set out comprehensive arrangements for the child's living situation, parental responsibility, and access, alongside provisions for continued therapeutic support and financial responsibilities related to travel.
Orders
Orders of the court
1.
That the orders made in the Federal Magistrates Court at Melbourne on 26 March 2009 be discharged.
2.
That the applicant father and the respondent mother have equal shared parental responsibility for the child [X] born [in] 2000.
3.
That [X] live with the mother.
4.
That the mother be permitted to relocate the residence of [X] from Melbourne to Townsville in Queensland.
5.
That [X] spend time with and communicate with the father as follows:
(a) Until [X]’s relocation to Queensland:
(i) on each second weekend between 8.30 am Saturday and 5.00 pm Sunday (but extending to 5.00 pm Monday in the event of a public holiday);
(ii) for one week in Victorian gazetted school holidays provided that the father is on leave from his employment during such periods;
(iii) such other times as agreed between the parties from time to time.
(b) Following [X]’s relocation to Queensland:
(i) during each Queensland school holiday period for one week;
(ii) in the Queensland summer school holidays 2010/2011 for a period of one week as agreed between the parties and failing agreement then commencing at 4.00 pm on 27 December 2010 until 4.00 pm seven (7) days later;
(iii)
in the Queensland summer school holidays 2011/2012
and following for two weeks as agreed between the parties but failing agreement then commencing at 4.00 pm on
27 December until 4.00 pm 14 days later;
(iv) on Wednesday at 6.00 pm Queensland time by telephone with the father to initiate the calls and the mother to ensure that [X] is present and available to accept those telephone calls and to give [X] privacy in taking the telephone calls;
(v) by Skype and e-mail or similar as agreed and arranged between the parties;
(vi) as agreed between the parties and at any reasonable time and upon reasonable notice when the father is in Townsville;
(vii) any other times as agreed between the parties from time to time.
6.
That the mother be responsible for the costs of [X] travelling from Townsville to Melbourne return for four times each year during Queensland school holidays for the purposes of [X]’s time with the father above and should the parties agree for [X] to travel to Melbourne on any further occasions in each calendar year then the parties share the costs of [X]’s travel.
7.
That the mother forthwith take advice from Dr R as to an appropriate and suitably qualified child psychiatrist, psychologist or other behavioural scientist as recommended by Dr R to continue in Townsville the form of therapeutic assistance given [X] and that the mother continue such therapy for [X] as recommended by the therapist until such therapist advises in writing that such therapy is no longer required and the mother provide a copy of such written recommendation to the father and that pending [X]’s relocation to Townsville that the mother continue [X]’s therapy with Dr R as recommended by Dr R.
8.
That the father be permitted to take part in [X]’s therapy with Dr R and any other therapist at the discretion of the therapist.
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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