Wagstaff & Wagstaff

[2021] FedCFamC2F 507

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Wagstaff & Wagstaff [2021] FedCFamC2F 507

File number(s):

MLC 8730 of 2016

Judgment of:

DEPUTY CHIEF JUDGE MERCURI

Date of judgment:

8 December 2021

Catchwords:

FAMILY LAW – application for final parenting orders – relocation application – consideration of whether there should be a change of children’s school - whether the non-resident parent ought to move closer to the primary carer – consideration of the best interests of children – consideration of what constitutes substantial and significant time – consideration of distance between the parent’s homes – final parenting orders made.    

Legislation:

Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 61DA, 65DA, 65DAA

Cases cited:

Denham v Newsham [2020] FamCA 271

Godfrey & Sanders [2007] FamCA 102

Marriage of K & Z (1997) 22 Fam LR 382

Division:

Division 2 Family Law

Date of last submission/s:

23 August 2021

Date of hearing:

16, 17 & 23 August 2021

Number of paragraphs:

217

Place:

Melbourne

Counsel for the Applicant:

Ms Smallwood

Counsel for the Respondent:

Ms Bonney

Counsel for the Independent Children’s Lawyer:

Mr Kanarev

ORDERS

MLC 8730 of 2016

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS WAGSTAFF

Applicant

AND:

MR WAGSTAFF

Respondent

INDEPENDENT CHILDREN'S LAWYER

order made by:	DEPUTY CHIEF JUDGE MERCURI
DATE OF ORDER:	8 December 2021

THE COURT ORDERS THAT:

1.All previous orders be discharged

2.The parents have equal shared parental responsibility for the children of the marriage, namely:

(a)X born in 2011 (‘X’); and

(b)Y born in 2014 (‘Y’) (‘the children’).

3.The children live with the mother.

4.By the commencement of term 2 of 2022, the mother is to live within 20 kilometres of Town A School.

5.The children spend time and communicate with the father as follows:

(a)each alternate weekend from the conclusion of school on Thursday (or 3:30pm if a non-school day) until the commencement of school on Monday (or 9:00am if a non-school day);

(b)in the following week, from the conclusion of school on Thursday (or 3:30pm if a non-school day) until the commencement of school on Friday (or 9:00am if a non-school day);

(c)half of each of the school term holidays as agreed between the parties in writing and failing agreement, the father to have the second half in odd years and the first half in even years with changeover to occur at 5:00pm on the middle Saturday of the term holidays unless otherwise agreed between the parties in writing;

(d)half of the long summer school holidays as agreed between the parties in writing, and failing agreement, the father to have the second half in odd years and the first half in even years with changeover to occur at 5:00pm on the first Saturday of January each year unless otherwise agreed between the parties in writing;

(e)in the event that the father’s birthday does not fall on a day that the father would normally spend time with the children, the children spend time with the father from 10:00am until…