FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Wasley & Wasley [2024] FedCFamC2F 765
File number(s): PAC 4345 of 2022 Judgment of: JUDGE NEWBRUN Date of judgment: 18 June 2024 Catchwords: FAMILY LAW – PARENTING – Rice & Asplund – interim orders – whether there has been a significant change in circumstances – orders made Legislation: Evidence Act 1995 (Cth)
Family Law Act1975 (Cth)
Cases cited: Cao & Cao (2018) FLC 93-880
Eaby & Speelman (2015) FLC 93
Fitzwater v Fitzwater [2019] FamCAFC 251
Franklyn & Franklyn [2019] FamCAFC 256
Isles & Nelissen [2022] FedCFamC1A 97
Keane & Keane (2021) 62 Fam LR 190
Kozma & Bielen [2022] FedCFamC2F 1250
Marvel & Marvel (2010) 43 Fam LR 348
Momcilovic v The Queen (2011) 245 CLR 1
Rice & Asplund (1979) FLC 90
Salah & Salah (2016) FLC 93
Spencer & Squire(No 3) [2018] FCCA 2362
Division: Division 2 Family Law Number of paragraphs: 68 Date of hearing: 15 May 2024 Place: Parramatta Counsel for the Applicant: Mr Weightman Solicitor for the Applicant: Barkus Doolan Winning Counsel for the Respondent: Mr Macarounas Solicitor for the Respondent: Rafton Family Lawyers Counsel for the Independent Children's Lawyer: Ms Webb Solicitor for the Independent Children's Lawyer: Chidiac Legal Pty Ltd ORDERS
PAC 4345 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR WASLEY
Applicant
AND: MS WASLEY
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE NEWBRUN
DATE OF ORDER:
18 JUNE 2024
THE COURT ORDERS THAT:
1.The Application in a Proceeding filed by the Father on 27 March 2024 is dismissed.
2.The ICL forthwith provide to the father’s treating psychologist and to the proposed family therapist Mr B a copy of the Single Expert Report of Ms C, psychologist, dated 3 July 2023.
THE COURT NOTES THAT:
A.These parenting proceedings have been listed for final hearing on 2 December 2024, estimate five days.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
JUDGE NEWBRUN:
INTRODUCTION
These are interim parenting proceedings pursuant to Part VII of the Family Law Act 1975 (Cth) (“the Act”) concerning W born in 2012 (aged 11 years old); X born in 2014 (aged 10…
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CaseChat Overview and Summary
The court found that while there were some changes in circumstances, these did not reach the threshold of a significant change required to justify altering the existing parenting orders. The evidence presented by the applicant did not demonstrate that the children's welfare and best interests would be served by a change in the current arrangements. The court placed significant weight on the stability of the current arrangements and the potential negative impact of any changes on the children. The court concluded that the existing orders, which provided for a balanced and equal shared parenting arrangement, remained in the best interests of the children.
The court dismissed the application for interim orders and noted that the matter would proceed to a final hearing in December 2024. The court also ordered that a copy of a psychologist's report be provided to the applicant's treating psychologist and the proposed family therapist. The form of the order is subject to the court's records, and any minor errors may be corrected in accordance with the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.
Orders
Orders of the court
PAC 4345 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR WASLEY
Applicant
AND:
MS WASLEY
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE NEWBRUN
DATE OF ORDER:
18 JUNE 2024
THE COURT ORDERS THAT:
1. The Application in a Proceeding filed by the Father on 27 March 2024 is dismissed.
2. The ICL forthwith provide to the father’s treating psychologist and to the proposed family therapist Mr B a copy of the Single Expert Report of Ms C, psychologist, dated 3 July 2023.
THE COURT NOTES THAT:
A. These parenting proceedings have been listed for final hearing on 2 December 2024, estimate five days.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
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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