Walcott & Walcott

Case [2020] FamCA 218


FAMILY COURT OF AUSTRALIA

WALCOTT & WALCOTT [2020] FamCA 218
FAMILY LAW – CHILDREN – INTERNATIONAL RELOCATION – relevant legal and factual considerations – best interests of the child – mother wanting to move back to New Zealand where she is a citizen – mother wanting to move for reasons of her own support network, study and employment opportunities and mental health – one psychologist called for the mother could not be relied upon as an expert – young child involved – where there is risk that the father’s relationship will be diminished if not extinguished during the developmental stage of the child’s life if relocation ordered – mother’s application refused.

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

Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth)

Amador & Amador (2009) 43 Fam LR 268

AMS & AIF (1999) 199 CLR 160

Banks & Banks [2015] FamCAFC 36
Bolitho v Cohen (2005) 33 Fam LR 471
Cape v Cape (2013) 50 Fam LR 1
Champness & Hanson [2009] FamCAFC 96
Collu v Rinaldo [2010] FamCAFC 53
Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588
Franklyn & Franklyn [2019] FamCAFC 256
G & C [2006] FamCA 994
Godfrey & Sanders [2007] FamCA 102
Hutcheson & Meli [2016] FamCAFC 258
Kerson & Blake [2018] FamCAFC 215
Kuan & Toh [2016] FamCAFC 115
M v S (2006) 37 Fam LR 32
Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705
Mazorski v Albright (2007) 37 Fam LR 518
McCall v Clark (2009) 41 Fam LR 483
Molloy & Reid [2018] FamCAFC 89
Morgan v Miles (2007) 38 Fam LR 275
MRR v GR (2010) 240 CLR 461
Rochford & Fitzhugh [2019] FamCAFC 218
Sampson v Hartnett (2007) 38 Fam LR 315
Sigley v Evor (2011) 44 Fam LR 439
Taylor v Barker (2007) 37 Fam LR 461
U v U (2002) 211 CLR 238
Zahawi & Rayne [2016] FamCAFC 90

The Honourable Justice Richard Chisholm, To What Extent Can The Court Make Orders That Inhibit a Parent's Right To Relocate? Sampson v Hartnett (No 10) (2008) Australian Family Law Bulletin 934
APPLICANT: Ms Walcott
RESPONDENT: Mr Walcott
FILE NUMBER: MLC 738 of 2019
DATE DELIVERED: 8 April 2020
PLACE DELIVERED: Melbourne
PLACE HEARD: Melbourne
JUDGMENT OF: The Honourable Justice Wilson
HEARING DATE: 6 & 7 January and 7 February 2020
DATE OF FINAL WRITTEN SUBMISSIONS: 10 March 2020

SUBMISSIONS RECEIVED FROM:

COUNSEL FOR THE APPLICANT: Mr R Hoult
SOLICITOR FOR THE APPLICANT: Waters Lawyers
COUNSEL FOR THE RESPONDENT: Mr W Henwood
SOLICITOR FOR THE RESPONDENT: Randles Cooper

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr R Hoult
SOLICITOR FOR THE APPLICANT: Waters Lawyers
COUNSEL FOR THE RESPONDENT: Not applicable
SOLICITOR FOR THE RESPONDENT: Randles Cooper

Orders

  1. The applicant’s application filed 23 January 2019 to relocate to New Zealand is dismissed.  

  2. By 4pm on 22 April 2020 the parties are to email to my chambers minutes of the ongoing parenting orders in this proceeding.

Note: The form of the…

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Details
AGLC
Walcott & Walcott [2020] FamCA 218
Case
[2020] FamCA 218
Decision Date

CaseChat Overview and Summary

The applicant, Walcott, sought leave to relocate with the parties' child to New Zealand. The respondent, Walcott, opposed this application. The matter came before Justice Wilson.

The primary legal issue before the court was whether to grant the applicant's application for relocation of the child to New Zealand. This required the court to consider the best interests of the child in accordance with relevant family law principles.

Justice Wilson dismissed the applicant's application to relocate. The court's reasoning and the specific principles applied are not detailed in the provided text. However, the outcome indicates that the court determined relocation was not in the child's best interests.

The court ordered that by 4pm on 22 April 2020, the parties were to email minutes of the ongoing parenting orders to chambers, with the form of the order subject to the entry of the order in the Court’s records.

Orders

Orders of the court

1.

The applicant’s application filed 23 January 2019 to relocate to New Zealand is dismissed.

2.

By 4pm on 22 April 2020 the parties are to email to my chambers minutes of the ongoing parenting orders in this proceeding.

Note: The form of the order is subject to the entry of the order in the Court’s records.

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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