austlii:cth/FedCFamC1F/2025/471
General information, not legal advice.
FedCFamC1F
2025-07-18
Austin J
Original judgment source is linked above.
Chapman v Palmer (1978) 4 Fam LR 462; [1978] FamCA 86
Flanagan v Handcock ;
M v B [2001] FamCA 894
Marriage of Mahony & McKenzie (1993) 16 Fam LR 803; [1993] FamCA 78
Pickford & Pickford (2024) FLC 94-230; [2024] FedCFamC1A 249
Reynolds & Sherman (2015) 297 FLR 349; [2015] FamCAFC 128
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
(a) Until the commencement of the first school term in 2027:
(a) each Wednesday from 11.00 am until 6.00 pm;
(b) each alternate weekend from 6.00 pm Friday until 6.00 pm on Sunday, commencing on the next Friday after these orders (but such time is suspended between 9.30 am and 6.00 pm on Mother's Day 2026, for which purpose the child must be returned to the mother);
(c) from 9.30 am until 6.00 pm on Father's Day;
(d) from 3.00 pm on Christmas Day until 6.00 pm on Sunday 28 December 2025.
(b) From the child's commencement of school in the first school term of 2027:
(a) each Wednesday in school term, from the conclusion of school until 6.00 pm, but confined to an area of 10 kilometres radial distance from the child's residence.
(b) each alternate weekend from the conclusion of school (or 3.00 pm if not a school day) on Friday until the commencement of school (or 9.00 am if not a school day) on Monday, commencing on the first Friday of each school term (but such time is suspended between 9.30 am and 6.00 pm on Mother's Day each year, for which purpose the child must be returned to the mother);
(c) from 9.30 am until 6.00 pm on Father's Day;
(d) in the Autumn, Winter and Spring school holidays, from 9.30 am on the first Saturday of the holidays until 6.00 pm on the second Saturday of the holidays;
(e) in the Summer school holidays commencing in 2027 and in odd years thereafter:
(i) from 9.30 am on Christmas Eve until 3.00 pm on Christmas Day; and
(ii) from 9.30 am on 7 January until 6.00 pm on 21 January.
(f) in the Summer school holidays commencing in 2028 and in even years thereafter, from 3.00 pm on Christmas Day until 6.00 pm on 8 January.
(a) the father shall ensure the child's collection from school, whenever the child is due to spend time with him at the conclusion of school during school term, or otherwise from the mother or her nominee at the McDonald's Restaurant at Suburb B, NSW; and
(b) the father shall ensure the child's delivery to school, whenever the child ceases spending time with him prior to the commencement of school during school term, or otherwise to the mother or her nominee at the McDonald's Restaurant at Suburb C, NSW.
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 the pseudonym Dematos & Burellis has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
(a) his affidavit filed on 30 May 2025 (together with annexures);
(b) the affidavit of the paternal grandmother filed on 30 May 2025; and
(c) the affidavit of the father's friend, Ms D, filed on 4 February 2025.
(a) her affidavit filed on 28 May 2025 (together with annexures); and
(b) the affidavit of the maternal grandmother filed on 27 May 2025.
(a) the Child Impact Report dated 24 March 2023;
(b) the Family Report incorrectly dated 25 January 2018 ("the first family report"), which should be correctly dated 25 January 2024; and
(c) the Family Report dated 5 September 2024 ("the second family report").
I certify that the preceding sixty-eight (68) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Austin.
[5] Second Family Report at [15], [36], [53]; Father's affidavit at [85]; Mother's affidavit at [90], [96]
[6] Replicated in Ex F1 at Orders 1-10 on pages 1-3
[12] Second Family Report at [17]; Amended Response filed on 17/1/25
[15] Child Impact Report at [4]-[6]
[21] Second Family Report at [17] and [42]
[25] First Family Report at [83], [89]; Second Family Report at [62]
[26] Second Family Report at [41]; [54]
[28] First Family Report at [88]; Second Family Report at [61]
[32] First Family Report at [91]; Second Family Report at [64]
[33] Amended Initiating Application filed 3/2/25 at Order 5
[35] Amended Response filed 17/1/25 at Orders 5, 6
[37] First Family Report at [91]; Second Family Report at [64]
[38] Amended Response filed 17/1/25 at Order 7; Ex ICL2 at Order 9(a)
[40] First Family Report at [80]-[81]
[42] First Family Report at [13], [64]-[68]; Second Family Report at [10], [44]-[52]
[43] Amended Initiating Application filed 3/2/25 at Orders 11.2, 11.3, 11.4; Amended Response filed 17/1/25 at Orders 5, 6, 7
[44] Ex F1 at Order 13 on page 6; Ex ICL2 at Order 12
[45] Ex F1 at Order 9 on pages 5 and 6; Amended Response filed 17/1/25 at Orders 10, 11
[48] Amended Initiating Application filed 3/2/25 at Order 15
(1978) 4 Fam LR 462
(1993) 16 Fam LR 803
(2015) 297 FLR 349