FAMILY COURT OF AUSTRALIA
| WESTLEY & KERSEY | [2019] FamCA 223 |
| FAMILY LAW – CHILDREN – Best interests of the child– Parental responsibility – Where the parenting matter was determined on an undefended basis – Where the father’s drug use is of concern – Where the father’s behaviour constituted family violence – Where the child does not want to spend time with the father – Where it is in the best interests of the child not to spend time with the father. |
| Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 61B, 61C, 61DA, 65DAC, 69ZX(3) |
| G & C [2006] FamCA 994 Goode & Goode (2006) FLC 93-286 Horan & Beckett [2010] FamCAFC 200 Jarrah & Fadel [2014] FamCAFC 14 Mazorski & Albright (2007) Fam LR 518 McCall & Clark (2009) FLC 93-405; 41 Fam LR 483; [2009] FamCAFC 92 Millicott & Millicott [2017] FamCA 826 Tate & Tate [2000] FamCA 1040 |
| APPLICANT: | Mr Westley |
| RESPONDENT: | Ms Kersey |
| INDEPENDENT CHILDREN’S LAWYER: | John Spence & Associates |
| FILE NUMBER: | PAC | 5146 | of | 2016 |
| DATE DELIVERED: | 12 April 2019 |
| PLACE DELIVERED: | Parramatta |
| PLACE HEARD: | Parramatta |
| JUDGMENT OF: | Hannam J |
| HEARING DATE: | 14 December 2018 |
REPRESENTATION
| SOLICITOR FOR THE APPLICANT: | No Appearance |
| SOLICITOR FOR THE RESPONDENT: | Mark Macdiarmid Family Law Specialist |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | John Spence & Associates |
Orders
That the mother have sole parental responsibility for the child X born … 2006.
That the child live with the mother.
That the child spend no time with the father.
That the mother shall be permitted to remove the child from the Commonwealth of Australia on any occasion she deems appropriate in the absence of consent of the father or otherwise.
Pursuant to section 11 of the Australian Passports Act 2005 the mother has liberty to apply to renew and to obtain an Australian passport for the child X born in 2006 in the absence of the consent of the father or otherwise, and insofar as it is necessary this order operates as an authority for her to do so.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Westley & Kersey has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
| FAMILY COURT OF AUSTRALIA AT PARRAMATTA |
FILE NUMBER: PAC5146/2016
| Mr Westley |
Applicant
And
| Ms Kersey |
Respondent
REASONS FOR JUDGMENT
Introduction
This matter concerns the long term parenting arrangements for X who is 13 (“the child”). X is the only child of Mr Westley (“the father”) and Ms Kersey (“the mother”) who separated many years ago after a brief relationship.
The father has…
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- AGLC
- Westley and Kersey [2019] FamCA 223
- Case
- [2019] FamCA 223
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were the determination of who should have sole parental responsibility for the child, where the child should live, and whether the child should have any contact with the father. Furthermore, the court was required to consider the mother's ability to remove the child from Australia and to obtain an Australian passport for the child, particularly in circumstances where the father's consent might be absent.
Hannam J ordered that the mother have sole parental responsibility for the child and that the child live with the mother. Crucially, the court ordered that the child spend no time with the father. In relation to international travel, the mother was granted permission to remove the child from the Commonwealth of Australia whenever she deemed appropriate, irrespective of the father's consent. Additionally, pursuant to section 11 of the *Australian Passports Act 2005*, the mother was given liberty to apply for and obtain an Australian passport for the child, operating as an authority to do so in the absence of the father's consent.
Orders
Orders of the court
1.
That the mother have sole parental responsibility for the child X born … 2006.
2.
That the child live with the mother.
3.
That the child spend no time with the father.
4.
That the mother shall be permitted to remove the child from the Commonwealth of Australia on any occasion she deems appropriate in the absence of consent of the father or otherwise.
5.
Pursuant to section 11 of the Australian Passports Act 2005 the mother has liberty to apply to renew and to obtain an Australian passport for the child X born in 2006 in the absence of the consent of the father or otherwise, and insofar as it is necessary this order operates as an authority for her to do so.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
Full text does not contain this section.
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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