Federal Circuit and Family Court of Australia
(DIVISION 2)
Weiss & Haddon [2022] FedCFamC2F 1678
File number(s): DUC 29 of 2020 Judgment of: JUDGE OBRADOVIC Date of judgment: 7 December 2022 Catchwords: FAMILY LAW – Final Parenting –– assessment of risk – best interest of children – parental responsibility – father’s lack of insight – allegations of family violence – relocation – mother to have sole parental responsibility – mother permitted to relocate children’s residences – children to spend time with father supervised initially – progression to unsupervised time – issue of passport without father’s consent – international travel – injunction against father as to non-denigration. Legislation: Family Law Act 1975 (Cth), ss. 60B, 60CA, 60CC, 61DA, 65DAA, 68B, 102NA. Cases cited: A & A: Relocation Approach [2000] FamCA 751
Banks & Banks [2015] FamCAFC 36
Bonnor & Loverdos [2021] FamCAFC 93
CDJ v VAJ [1998] HCA 67
Dieter & Dieter [2011] FamCAFC 82
Franklyn & Franklyn [2021] FamCAFC 112
Hakimi & Nasser (No.2) [2021] FamCAFC 88
Heaton v Heaton [2012] FamCAFC 139
Isles v Nelissen [2022] FedCFamC1A 97
Malcolm & Munro [2011] FamCAFC 16
Mazorski & Albright [2007] FamCA 520
McCall & Clark [2009] FamCAFC 92
MRR v GR [2010] HCA 4
Sayer & Radcliffe and Anor [2012] FamCAFC 209
Slater & Light [2011] FamCAFC 1
U v U [2002] HCA 36; KB & TC [2005] FamCA 458Division: Division 2 Family Law Number of paragraphs: 98 Date of hearing: 21 and 22 November 2022 Place: Dubbo Appearing for the Applicant: In person Appearing for the Respondent: In person Appearing for the Independent Children’s Lawyer: Ms Webb of Counsel Solicitor for the Independent Children’s Lawyer: Osborne Legal ORDERS
DUC 29 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS WEISS
Applicant
AND: MR HADDON
Respondent
AND: INDEPENDENT CHILDREN'S LAWYER
order made by:
JUDGE OBRADOVIC
DATE OF ORDER:
7 December 2022
THE COURT ORDERS THAT:
1.All prior parenting Orders are discharged.
2.The mother, Ms Weiss, shall have sole parental responsibility for the children X born in 2014 and Y born in 2016 (“the children”).
3.The children shall live with the mother.
4.The mother is permitted to relocate the residence of the children to City B, New South Wales.
5.Until the mother relocates the children’s residence to City B, the children shall spend time with the father:
(a)Supervised at an agreed and appropriately suitable contact service in City C, but failing agreement, D Contact Centre City C, for a period of two (2) hours each alternate weekend at times that can be facilitated by the contact service, with the father to bear the cost of such supervision;
(b)By telephone/video call each Wednesday between 5pm and 6pm with the father to initiate the call to the children’s iPad and the mother to ensure that the children have access to their iPad during this period; and
(c)For the purpose of Order 5(a) and within seven (7) days from the date of these Orders, the parties shall do all…
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