FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Wearne & Hammett [2025] FedCFamC2F 342
File number(s): ASC 2 of 2023 Judgment of: JUDGE LIVERIS Date of judgment: 21 February 2025 Catchwords: FAMILY LAW – PARENTING – where the parties had a very short relationship – where the child was born after separation – consideration of parental responsibility and the living arrangements for the child – where the parties agreed on an order for international travel - where there are no significant risk factors – final parenting orders made Legislation: Evidence Act 1995 (Cth) s 140
Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC(2), 65D(1), 65H(2), Part 7
Cases cited: CDJ v VAJ [1998] HCA 67; (1998) 197 CLR 172
Fitzwater & Fitzwater (2019) 60 Fam LR 212; [2019] FamCAFC 251.
Grella & Jamieson [2017] FamCAFC 21
In the Marriage of Chandler (1981) FLC 91-008; (1981) 6 Fam LR 736
Isles & Nelissen [2022] FedCFamC1A 97
Kelly & Hutchens [2024] FedCFamC1F 662
Radecki & Radecki [2024] FedCFamC1A 246
Welter & Welter [2021] FedCFamC2F 11
Division: Division 2 Family Law Number of paragraphs: 61 Date of hearing: 18-19 February 2025 Place: Heard in Alice Springs, delivered in Darwin Counsel for the Applicant: Mr Lipert Solicitor for the Applicant: Grays Legal NT Counsel for the Respondent: Mr Fernandez Solicitor for the Respondent: Jones Elfrink Barristers & Solicitors ORDERS
ASC 2 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS WEARNE
Applicant
AND: MR HAMMETT
Respondent
ORDER MADE BY:
JUDGE LIVERIS
DATE OF ORDER:
21 FEBRUARY 2025
THE COURT ORDERS THAT:
1.All previous parenting orders are discharged.
Parental Responsibility
2.The mother and father have joint parental responsibility for X born in 2022 (“the child”), and will make a genuine effort to come to a joint decision about:
(a)The child’s education, both current and future;
(b)The child’s religious and cultural upbringing;
(c)The child’s health;
(d)The child’s name;
(e)Changes to the child’s living arrangements that make it significantly more difficult for the child to spend time with a parent.
3.The parties shall use their best endeavours to reach a joint decision relating to the child’s major long-term issues. In the event that the parties are unable to reach a joint decision, they will do all things necessary to participate in family dispute resolution with an accredited community service based Family Dispute Resolution (FDR) practitioner.
4.The parties are not required to consult, but may consult the other when making decisions while the child is in their care under this Order about issues that are not major long-term issues.
Parenting Arrangements
5.From the date of these Orders until 30 June 2025, the child will live with the mother and spend time with the father in each fortnight as follows:
(a)Week 1 – Midday Saturday until 5.30 pm Sunday;
(b)Week 2 – Midday Wednesday until 5.30 pm Thursday.
6.From 1 July 2025 until the child’s birthday in 2025, the child will live with the mother and spend time with the father…
Continue reading Wearne & Hammett
Sign in free to access the full text
- AGLC
- Wearne & Hammett [2025] FedCFamC2F 342
- Case
- [2025] FedCFamC2F 342
- Decision Date
CaseChat Overview and Summary
The court began by acknowledging the brief nature of the relationship and the child’s young age. It emphasised the importance of both parents having joint parental responsibility, given the brief relationship and the need for the parents to collaborate on significant decisions. The court noted that there were no significant risk factors presented by either party. For the parenting arrangements, the court considered the child's young age and the need for stability. It established a detailed schedule for the child's time with each parent, gradually increasing the time spent with the father as the child grows older. The court also set specific times for the child to spend with each parent on special occasions, such as birthdays and public holidays, ensuring that both parents have significant involvement in the child's life.
Regarding international travel, the court prohibited travel with the child overseas until the child turns seven, and mandated detailed notice and documentation for any interstate travel. The court also mandated the use of a specific communication app for all non-emergency communication between the parents, ensuring efficient and documented communication. The court concluded by dismissing all other pending applications and reinforcing the importance of co-operation and respectful communication between the parents for the benefit of the child.
Orders
Orders of the court
ASC 2 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS WEARNE
Applicant
AND:
MR HAMMETT
Respondent
ORDER MADE BY:
JUDGE LIVERIS
DATE OF ORDER:
21 FEBRUARY 2025
THE COURT ORDERS THAT:
1. All previous parenting orders are discharged.
Parental Responsibility
2. The mother and father have joint parental responsibility for X born in 2022 (“the child”), and will make a genuine effort to come to a joint decision about:
(a) The child’s education, both current and future;
(b) The child’s religious and cultural upbringing;
(c) The child’s health;
(d) The child’s name;
(e) Changes to the child’s living arrangements that make it significantly more difficult for the child to spend time with a parent.
3. The parties shall use their best endeavours to reach a joint decision relating to the child’s major long-term issues. In the event that the parties are unable to reach a joint decision, they will do all things necessary to participate in family dispute resolution with an accredited community service based Family Dispute Resolution (FDR) practitioner.
4. The parties are not required to consult, but may consult the other when making decisions while the child is in their care under this Order about issues that are not major long-term issues.
Parenting Arrangements
5. From the date of these Orders until 30 June 2025, the child will live with the mother and spend time with the father in each fortnight as follows:
(a) Week 1 – Midday Saturday until 5.30 pm Sunday;
(b) Week 2 – Midday Wednesday until 5.30 pm Thursday.
6. From 1 July 2025 until the child’s birthday in 2025, the child will live with the mother and spend time with the father in each fortnight as follows:
(a) Week 1 – 9 am Saturday until 5.30 pm Sunday;
(b) Week 2 – 9 am Wednesday until 5.30 pm Thursday.
7. From the day after the child’s birthday in 2025 until 31 May 2026, the child shall live with the mother and spend time with the father as follows:
(a) Week 1 – 9 am Friday until 5.30 pm Sunday;
(b) Week 2 – 9 am Wednesday until 5.30 pm Friday.
8. From 1 June 2026 until the child’s birthday in 2026, the child shall live with the mother and spend time with the father as follows:
(a) Week 1 – 9 am Friday until 5.30 pm Monday;
(b) Week 2 – 9 am Tuesday until 5.30 pm Friday.
9. From the day after the child’s birthday in 2026, the child shall live with the parties on a week about basis, in each alternate week from before school Monday (or 8 am if not attending school that day) until after school (or 3 pm if not attending school that day) the following Monday.
10. Once the child commences school, she will spend time with the father during all Northern Territory gazetted school holiday periods as follows:
(a) The first half of the school holidays in odd-numbered years; and
(b) The second half in even-numbered years.
11. Once the child commences school, she will spend time with the mother during all Northern Territory gazetted school holiday periods as follows:
(a) The second half of the school holidays in odd-numbered years; and
(b) The first half in even-numbered years.
Changeovers
12. All changeovers not occurring at daycare or school shall occur at the parties’ homes, with the father to effect changeover at the commencement of the child’s time with the mother, and the mother to effect changeover at the commencement of the child’s time with the father.
Travel
13. Neither party be allowed to travel with the child internationally before the child turns seven (7) years of age.
14. Other than as provided for in these orders, if either party intends to travel interstate with the child, the party is to provide the other party with no less than thirty (30) days notice in writing of the intended travel and provide the following:
(a) A travel itinerary;
(b) Copies of all airline or other travel tickets for departure and return; and
(c) Details of all premises where the child will be staying, including contact details of the travelling party during the period of travel.
Special Days
15. That the child spend time with the father from 9.00 am to 5.00 pm on Father’s Day.
16. That the child spend time with the mother from 9.00 am to 5.00 pm on Mother’s Day.
17. That the child spend time with the mother from 2 pm on Good Friday until 2 pm on Easter Sunday in even-numbered years.
18. The child spend time with the father from 2 pm Easter Sunday to 2 pm Easter Monday in even-numbered years.
19. The child spend time with the father from 2 pm on Good Friday until 2 pm on Easter Sunday in odd-numbered years.
20. The child spend time with the mother from 2 pm Easter Sunday to 2 pm Easter Monday in odd-numbered years.
21. The child will remain with the parent on Easter Monday, should she otherwise be spending time with that parent in accordance with these Orders.
22. In all even-numbered years:
(a) the child spend time with the mother from 12 noon Christmas Eve until 12 noon Christmas Day; and
(b) the child spend time with the father from 12 noon Christmas Day until 12 noon Boxing Day.
23. In all odd-numbered years:
(a) the child spend time with the father from 12 noon Christmas Eve until 12 noon Christmas Day; and
(b) the child spend time with the mother from 12 noon Christmas Day until 12 noon Boxing Day.
24. The child shall spend equal time with the mother and father on the child’s birthday at times to be agreed between the parties, and failing agreement the child shall spend time with the parent she is not otherwise spending time with on that day between 3 pm and 7 pm.
25. The child shall spend time with the mother from 9 am until 7 pm on the mother’s birthday.
26. The child shall spend time with the father from 9 am until 7 pm on the father’s birthday.
Communication
27. Otherwise than in the case of an emergency, all communication between the parties shall be via “AppClose” and shall only be in relation to the child.
28. Both parties will update “AppClose” with medical information, emergency contacts and any other necessary information pertaining to the child as soon as practicable.
29. The parties shall advise each other of any medical appointments the child has and be at liberty to attend.
30. In the event that the child requires emergency medical attention, the parent who is caring for the child shall advise the other parent immediately via telephone, and both parents be at liberty to attend the hospital or medical facility.
31. In the event that a child requires medical appointment, the parent caring for the child is to immediately advise the other parent via AppClose, within two (2) hours of the appointment being made and shall include details of the medical treatment provided and any ongoing medication that is required by the child.
32. Each parent is able to receive information/records from any doctor, carer, teacher, hospital, childcare institution, and any social, sporting or recreational organisations with respect to the child.
33. The parties shall advise each other of any change of telephone number or residential address within twenty-four (24) hours of such change occurring.
Other
34. The parties shall not criticise or denigrate the other party or the other party’s family in the presence of or within hearing of the child.
35. The parties shall encourage and not undermine the child’s relationship with the other party.
36. In the event of any dispute as to the interpretation, implementation or enforcement of these Orders (including any claim by a party that it should be varied) the parties shall first attend FDR with an FDR practitioner appointed by the parties and make a genuine attempt to resolve the dispute. Failing agreement as to that appointment the party raising the dispute shall nominate three FDR practitioners, one of whom shall be chosen by the other party within fourteen (14) days.
37. All extant applications be dismissed.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.