FEDERAL CIRCUIT COURT OF AUSTRALIA
| WOOLLEY & WOOLLEY | [2016] FCCA 2003 |
| Catchwords: FAMILY LAW – Parenting – three children aged 16, 13 and 9 – parents separated since 2011 – children initially living on a week about basis with each of the parents – significant mental health allegations – risk of harm to children and need to protect – best interests of children – parental responsibility – children to live with father – children to spend limited time with mother. |
| Legislation: Family Law Act 1975, ss.60B, 60CA, 60CC, 61DA, 65DAA Mental Health Act 2007 (NSW), ss.34, 35 |
| Cases cited: Goode v Goode (2007) 36 Fam LR 422; (2006) FLC 93-286 MRR & GR [2010] HCA 4 Champness & Hanson (2009) FLC 93-407 Slater & Light [2011] FamCAFC 1 |
| Applicant: | MR WOOLLEY |
| Respondent: | MS WOOLLEY |
| File Number: | PAC 3510 of 2014 |
| Judgment of: | Judge Obradovic |
| Hearing dates: | 25 and 26 July 2016 |
| Date of Last Submission: | 26 July 2016 |
| Delivered at: | Parramatta |
| Delivered on: | 28 September 2016 |
REPRESENTATION
| Counsel for the Applicant: | Mr Kenny |
| Solicitors for the Applicant: | Sharon Payne Family Lawyers |
| Appearing for the Respondent: | In person |
| Counsel for the Independent Children's Lawyer: | Mr Ladopolous |
| Solicitors for the Independent Children's Lawyer: | John Spence & Associates |
ORDERS
That the children X, born (omitted) 2000, Y born (omitted) 2002 and Z born (omitted) 2007 (“the children”) shall live with the father.
That the father have sole parental responsibility for the children but shall do all acts and things necessary to keep the mother informed in relation to major long term decisions regarding the children, including but not limited to issues regarding the children’s education, health and changes to living arrangements which may occur from time to time.
That the children spend time with the mother as follows:
(a)For a two (2) hour period each week at a time and place as agreed to between the mother and the father in writing; and
(b)In addition to the above time, at such other time as the mother and father may agree to in writing.
That notwithstanding Order 3 above, until such time as each child has attained the age of fourteen (14) years, that child shall not be required to spend time with the mother unless at least one of the other children is also spending time with the mother on that occasion.
That in respect of organising the place and time the mother shall spend with the children, the following shall apply:
(a)The arrangements for the mother to spend time with the children shall be made by the parties communicating by either text message or by emails;
(b)The mother shall contact the father by no later…
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- AGLC
- Woolley and Woolley [2016] FCCA 2003
- Case
- [2016] FCCA 2003
- Decision Date
CaseChat Overview and Summary
The court was required to determine the best interests of the children in relation to their living arrangements, parental responsibility, and the nature and extent of the time the children would spend with each parent. Key issues included the allocation of sole or shared parental responsibility, the specific arrangements for the children's residence, and the practicalities of the mother's time with the children, including communication protocols, travel arrangements, and the sharing of information regarding the children's education and health.
Judge Obradovic ordered that the children live with the father and that the father have sole parental responsibility. However, the father was directed to keep the mother informed of all major long-term decisions concerning the children's education, health, and living arrangements. The children were to spend time with the mother for a two-hour period each week, at a time and place to be agreed in writing, with further time to be arranged by mutual agreement. Specific communication protocols were established for the mother to request time with the children, and for the father to confirm these arrangements. The court also made detailed orders regarding telephone contact, changeovers, the mother's attendance at the father's home, and the mother's ability to transport the children. Further orders addressed the children's passports, international travel arrangements for the father, and the exchange of information concerning the children's medical and educational matters.
Orders
Orders of the court
1.
That the children X, born (omitted) 2000, Y born (omitted) 2002 and Z born (omitted) 2007 (“the children”) shall live with the father.
2.
That the father have sole parental responsibility for the children but shall do all acts and things necessary to keep the mother informed in relation to major long term decisions regarding the children, including but not limited to issues regarding the children’s education, health and changes to living arrangements which may occur from time to time.
3.
That the children spend time with the mother as follows:
(a) For a two (2) hour period each week at a time and place as agreed to between the mother and the father in writing; and
(b) In addition to the above time, at such other time as the mother and father may agree to in writing.
4.
That notwithstanding Order 3 above, until such time as each child has attained the age of fourteen (14) years, that child shall not be required to spend time with the mother unless at least one of the other children is also spending time with the mother on that occasion.
5.
That in respect of organising the place and time the mother shall spend with the children, the following shall apply:
(a) The arrangements for the mother to spend time with the children shall be made by the parties communicating by either text message or by emails;
(b) The mother shall contact the father by no later than 7pm on the Tuesday of each week requesting time with the children on the following weekend;
(c) The father shall confirm by 7pm on the Wednesday following the mother’s communication pursuant to Order 4.2 and shall reply to the mother in writing as to the following:
(i) Whether time is to occur;
(ii) The venue at which the mother will spend time with the children;
(iii) The commencement and conclusion times.
6.
That the mother be permitted to speak to the children on the telephone twice per week at such times as agreed between the parties with the father to initiate the phone call and in the event that the mother is unable to take the call she is permitted to return the call within 30 minute period of the Father’s call.
7.
That for the purposes of changeover, changeover is to occur in a public place.
8.
That the mother will not attend the father’s home without written permission from the father.
9.
That the mother is hereby restrained from transporting the children by motor vehicle without the written consent of the Father.
10.
That both the mother and the father be permitted to attend:
(a) Any school event relating to any of the children; and
(b) Any of the children’s extracurricular activities
to which parents are ordinarily invited.
11.
That forthwith Sharon Payne Family Lawyers release the children’s Passports currently held by them.
12.
That the father shall retain in his possession for safekeeping all and any of the children’s Passports.
13.
That the father is permitted to travel outside of the Commonwealth of Australia with any or all of the children and the mother’s written consent to such travel is not required.
14.
That the father is permitted to solely apply to the Australian Passport Office for international travel documents, including Passports and renewal of Passports, for any or all of the children and the mother’s consent to the issue of such documents is not required.
15.
That in the event that the father travels with the children outside of the Commonwealth of Australia, the father shall furnish to the mother not less than fourteen (14) days prior to the proposed departure an accurate itinerary to include the following:
(a) A copy of the father’s and children’s airline tickets (if available);
(b) The departure date and return date;
(c) The country or countries the father and children will be travelling to;
(d) The approximate dates on which the father and the children will arrive and depart each country; and
(e) A telephone number and address at which the father and the children can be contacted in each country.
16.
That the parties shall advise each other as soon as reasonably practicable of any major medical issues involving the children and each party shall keep the other properly informed of any required treatment or medication required in relation to the children and the parties shall ensure the proper administration of such medications and treatment is performed by them.
17.
That the father shall notify the mother of any medical practitioner that the children attend with from time to time, including but not limited to General Practitioners, specialists, mental health practitioners, allied health professionals, including physiotherapists, speech therapists, occupational therapists and any other medical professionals.
18.
That these Order authorise any school which the children are attending from time to time to provide both the mother and the father with copies of all reports, circulars, notices and documents in relation to the children including copies of all school reports, reports on school progress and behavioural issues and notices received in relation to functions, parent teacher nights and like activities to which parents are invited as well as any and all information which may be sought from time to time by the mother or the father in relation to the children.
19.
That the father shall keep the mother informed about any sporting or extra-curricular activities that the children are respectively involved in.
20.
Each party is to notify the other of their residential address and mobile telephone number, within seven days of the date of these Orders, and keep the other party advised of any proposed changes to the above details within fourteen (14) days of any proposed changes.
21.
Remove all outstanding issues from the list of cases awaiting finalisation.
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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