Yancy & Yancy [2025] FedCFamC1F 678 (24 September 2025)

1. The mother shall have sole decision-making responsibility on the condition that she complies with the following, such that the mother must:

(a) inform the father that a decision needs to be made and provide the father with all relevant information pertaining to the decision 21 days prior to any decision being made or in circumstances of urgency as soon as reasonably practicable; and

(b) request the father provide feedback on the decision to be made within a reasonable timeframe and for all non-urgent decisions a reasonable timeframe is 14 days; and

(c) consider any feedback or comments made by the father when exercising decision-making; and

(d) notify the father in writing of the decision made within 48 hours of such decision being made.

1. The parties are restrained from doing any act or thing to, or attempting to, change any of the children's names.

Time and communication where the father resides in the United States

1. The children shall spend time with the father as agreed between the parties in writing and, in default of agreement, the children shall spend time with the father:

(a) from the commencement of this Order until term four of 2026:

(i) for a period of up to two weeks in the term four 2025 - 2026 school holidays, commencing in the third week of the school holiday period, in America.

(ii) for a period of up to one week during the first week of school holidays in term one and term three in 2026 in Australia;

(iii) for a period of up to two weeks in the term two school holidays in 2026 in America;

(iv) during week six of each school term for up to two consecutive nights and, failing agreement, from 5.00 pm on Friday until 4.00 pm on Sunday.

(b) from the commencement of term four in 2026 and continuing thereafter:

(i) for a period of up to one week during the first week of the school holidays in term one and term three each year in Australia;

(ii) for a period of up to two weeks during the Australian term two school holidays with such time to take place in America;

(c) during the term four school holidays as follows:

(i) where the term four school holiday period commences in an even numbered years: for the first three weeks during the term four school holidays in America;

(ii) where the term four school holiday period commences in an odd numbered year: for the last three weeks during the term four school holidays in Australia.

(d) during week six of each school term for up to two consecutive nights and, failing agreement, from 5.00 pm on Friday until 4.00 pm on Sunday.

1. For the purpose of calculating all school holiday time in accordance with Order 5:

(a) a week is defined as seven consecutive nights;

(b) all school holidays are to be calculated in accordance with the calendar of the school that the children are attending; and

(c) school holidays commence at 3.00 pm (or the conclusion of school) on the last day of the school term and conclude at 9.00 am on the final Saturday of the school holiday period.

1. In the event the father intends to exercise time with the children in the Town B area he shall advise the mother of that intention not less than 14 days prior to the commencement of time.
2. For the purposes of time in Australia in accordance with Order 5, and unless otherwise agreed between the parties in writing:

(a) the father shall provide the mother with no fewer than 60 days' notice of the specific dates that he intends to spend with the children; and

(b) changeover shall occur at McDonald's Suburb D, C Street, Suburb D NSW [...] save in the event the father nominates to spend time with the children in the Town B area and changeover shall then occur at McDonald's Suburb E.

1. For the purposes of time in America in accordance with Order 5, and unless otherwise agreed between the parties in writing:

(a) The father shall provide the mother with copies of the following no fewer than thirty days prior to departure the following documents/information:

(i) exact times of departure and return;

(ii) the time at which the children are to be at Sydney International Airport ready for departure;

(iii) return e-tickets;

(iv) accommodation details if different from the father's residential address; and

(v) direct contact details for the children.

(b) all children must be accompanied on all flights to and from America unless agreed otherwise in writing.

(c) for the purposes of accompanying the children on flights pursuant to Order 9(b), the children shall be accompanied on all flights by:

(i) their father; or

(ii) either of their paternal grandparents; or

(iii) an adult known to the children agreed upon in writing by the parties.

(d) for the purposes of the costs of flights in accordance with Orders 7(b) and 7(c)(i), the father shall be solely responsible for the costs of his own flights and the children's flights; and

(e) changeover shall occur at Passenger drop-off at T1 Terminal at Sydney International Airport.

1. Each parent shall have audio-visual communication with the children at times that they are not already spending time as agreed between the parties, and in default of agreement the following shall occur:

(a) while the children are spending time with the mother in Australia, the father shall have audio-visual communication with the children on:

(i) each Monday and Friday from 7.00 am to 8.00 am;

(ii) on Father's Day from 8.00 am to 10.00 am AEST;

(iii) on the children's birthdays from 7.00 am to 8.00 am AEST if their birthdays fall on a school day or 8.00 am to 10.00 am AEST if their birthdays fall on a non-school day;

(iv) on the father's birthday from 7.00 am to 8.00 am AEST if his birthday falls on a school day or 8.00 am to 10.00 am AEST if his birthday falls on a non-school day; and

(v) on Christmas Day from 8.00 am to 10.00 am AEST.

(b) while the children are spending time with the father in America, the mother shall have audio-visual communication with the children each Wednesday from 7.00 am to 8.00 am AEST, and on Christmas Day from 8.00 am to 10.00 am AEST;

(c) both parents shall ensure that the children have access to a charged, Wi-Fi and/or data-accessible device with audio-visual communication capabilities;

(d) both parents shall provide the other, within seven days, a handle or contact number for communication with the children;

(e) the parent with whom the children are spending time shall dial the other parent's handle or contact number provided;

(f) both parents are to afford the children privacy and must not, nor allow any other person to, interfere;

(g) in the event that the children are engaging well in the audio-visual communication or otherwise express a desire to continue communicating, neither parent shall unreasonably terminate the call, and further, both parents shall facilitate additional communication in accordance with the children's wishes; and

(h) both parties are restrained from blocking the other on any communication application or account that the children may utilise from time to time, and for the purpose, both parents shall do all acts and things to ensure that the other has access and is not blocked from having such communication.

In the event that the father returned to reside in Australia orders 11 - 19 inclusive shall apply

1. In the event that the father returns to reside in Australia, then Orders 5 - 10 above are suspended and Orders 11 - 19 inclusive shall instead apply for the period of time in which the father is residing in Australia.
2. The children shall spend time with the father during the NSW school term as agreed between the parties and, in default of agreement, every fourth weekend from 5.00 pm on Friday until 4.00 pm on Sunday.
3. The children shall spend time with each parent during the NSW school holiday period as agreed between the parties in writing and, in default of agreement:

(a) short NSW Terms one, two and three school holiday periods: With the father in week one and the mother in week two;

(b) long NSW term four school holidays:

(i) where the term four school holiday period commences in an odd numbered year, with the father for the first three weeks of the school holiday period; and

(ii) where the term four school holiday period commences in an even numbered year, with the father for the last three weeks of the school holiday period.

(c) For the purposes of calculating school holidays and changeover times:

(i) all school holidays are to be calculated in accordance with the calendar of the school that the children are attending;

(ii) all school holiday periods commence at 5.00 pm on the Friday immediately on or following the last day of the school term and conclude at 5.00 pm on the Friday immediately prior to the first day of school in the following school term; and

(iii) each changeover shall occur on the referable Friday at 5.00 pm.

1. The children shall spend time with each parent during special occasions as agreed between the parties and, in default of agreement:

(a) with the father on Father's Day weekend from 5.00 pm on the Friday immediately before Father's Day until 4.00 pm on Sunday; and

(b) with the mother on Mother's Day from 5.00 pm on the Friday immediately before Mother's Day until 4.00 pm on Sunday.

1. For the purposes of changeover, all changeovers shall occur at locations as agreed between the parties and, in default of agreement, McDonald's Suburb D, C Street, Suburb D NSW [...].
2. Each parent shall have audio-visual communication with the children as agreed between the parties, and in default of agreement the following shall occur:

(a) the children shall have audio-visual communication with the parent with whom they are not already spending time:

(i) each Wednesday from 7.00 am until 8.00 am;

(ii) on the parent's birthday from 6.00 pm until 6.30 pm; and

(iii) on each child's birthday from 6.00 pm until 6.30 pm;

(b) both parents shall ensure that the children have access to a charged, Wi-Fi and/or data-accessible device with audio-visual communication capabilities;

(c) the parent with whom the children are spending time shall dial the other parent's handle or contact number provided;

(d) both parents are to afford the children privacy and must not, nor allow any other person to, interfere;

(e) in the event that the children are engaging well in the audio-visual communication or otherwise express a desire to continue communicating, neither parent shall unreasonably terminate the call, and further, both parents shall facilitate additional communication in accordance with the children's wishes; and

(f) both parties are restrained from blocking the other on any communication application or account that the children may utilise from time to time, and for the purpose, both parents shall do all acts and things to ensure that the other has access and is not blocked from having such communication.

1. Both parents shall be permitted to travel with the children outside of the Commonwealth of Australia, subject to the following conditions unless the parties agree otherwise:

(a) the travelling parent shall provide the non-travelling parent with 60 days' notice (or three days' notice in circumstances of an emergency) in writing of their intention to travel with the children;

(b) the travelling parent shall provide the non-travelling parent with a full itinerary of their proposed travel including details of return flights/tickets, transfer, accommodation and contact details for the children not less than 30 days prior to departure;

(c) the travelling parent shall be responsible for the payment of the children's flights, accommodation and any other travelling expenses during the time they are travelling with them; and

(d) the travel shall only occur during the times at which the travelling parent is due to spend time with the children.

1. Both parties are permitted to attend any extra-curricular activities that the children may participate in from time to time.
2. Both parties are permitted to attend any of the children's events at school to which parents are ordinarily invited.

These provisions at Order 20 - 34 below apply irrespective of where the father is living

1. For the purposes of the children's passports, the children's passports shall remain in the mother's care and control, but for the times in which the children are travelling to America or overseas in accordance with Order 17, and the father shall facilitate the return of the passports to the children to enable their return to Australia at the conclusion of his time.
2. For the purposes of the children's passports and travelling documents:

(a) both parties shall do all acts and things, including but not limited to providing originals or certified copies of passports and any other required identification documents, applying for and/or renewing the children's passports, making the appropriate applications for valid travelling documents (such as visas, Electronic System for Travel Authorization visa waiver documents) to ensure that the children are able to travel to America validly;

(b) in the event that the mother fails to execute such documents or fails to do any of the acts or things to enable such travel within 21 days of a request from the father to do so, then he shall thereafter have sole authority to apply for and renew such documents and is authorised to provide a copy of these orders to any authority required for the purposes of the same; and

(c) for the purposes of the costs of the children's passports and travelling documents, the partis shall share equally in the costs associated.

1. The parties notify each other in writing in the event of any significant illness or injury requiring medical attention sustained by the children whilst in their care and provide full particulars of any medical practitioner, health service provider or institution attended by the children and provide any authority and direction necessary to enable the other party to obtain all necessary information concerning the children and at the requesting parties' expense.
2. The parties are permitted to separately attend major medical appointments and appointments with specialists, and any major medical procedure, surgery, or any other procedure or ailment requiring hospitalisation, with each party to meet the associated costs of their own attendance at their appointment.
3. Within seven days from the date of these Orders both parties shall authorise the Principal or such other authority of any school attended by the children to provide both parties with copies of the children's school reports, newsletters, notices at the request of either parent, at the cost of the requesting parent.
4. Within seven (7) days from the date of these Orders both parties shall authorise all of the clinics and treaters attended upon by the children to provide both parties with copies of the reports, diagnoses and prognoses, appointments scheduled and purpose of the appointment, and all other such information at the request of either parent, and authority to liaise, meet with, and receive information from both parents, at the cost of the requesting parent, and for the purposes of this order, both parties are permitted to provide a copy of these Orders to all of the children's treaters.
5. The mother shall either provide to the father all information and NDIS plans (including as and when they are renewed), or do all acts and things to authorise the father to provide information to and receive information from, the National Disability Insurance Scheme, at the father's cost, including but not limited to including the father as a Child Representative for the purposes of obtaining information regarding NDIS plans, and for the purposes of this order, both parties are permitted to provide a copy of these Orders to NDIS and any other associated agency.
6. Both parties shall ensure that they comply with all recommendations of the children's medical treaters, including but not limited to attendance upon appointments, treatment, and/or administration of medication.
7. Both parents are restrained from:

(a) denigrating or allowing any other person to denigrate the other parent, or members of the other parent's family, in the presence or hearing of the children, and in the event that this occurs, the parents shall remove the children from the presence of any party that does so;

(b) discussing or allowing any other person to discuss any aspect of these proceedings in the presence or hearing of the child, and in the event that this occurs, the parents shall remove the children from the presence of any party that does so;

(c) informing or allowing any other person to inform the children of the contents of, or allowing the children to access in any way, documents filed, released, produced, or otherwise prepared for the primary purposes of these proceedings, and in the event that this occurs, the parents shall remove the children from the presence of any party that does so;

(d) exposing or allowing any other person to expose the children to family or domestic violence, and in the event that this occurs, the parents shall remove the children from the presence of any party that does so;

(e) physically disciplining, or allowing another person to physically discipline, the children, and in the event that this occurs, the parents shall remove the children from the presence of any party that does so; and

(f) administering medication to the children, or causing the children to take medication, that is not prescribed or in dosages not prescribed.

1. For the purposes of firearms, the following orders shall apply:

(a) both parents shall ensure that the children are not exposed to firearms in his household;

(b) neither parent shall permit the children to have any access to firearms or ammunition;

(c) both parents are restrained from allowing the children to attend a firing range, gun club, hunting location, or any other place where firearms are being discharged;

(d) both parents are restrained from allowing the children to handle, touch, or otherwise come into contact with any firearm or ammunition;

(e) both parents are restrained from allowing the children to be photographed with firearms;

(f) both parents are restrained from disclosing to the children the location of firearms within the household or permitting them to observe where firearms are stored;

(g) both parents shall ensure that any firearm in his household is stored in accordance with the applicable laws and/or regulations of the state in which the father is residing and ensure that the children cannot access the storage location; and

(h) in the event that there is a firearm in either parent's home, the parent shall provide the other (or the Independent Children's Lawyer) with evidence of storage arrangements that are compliant with the applicable laws and/or regulations of the state in which they are residing within seven days of this order.

1. Each party shall keep the other informed of their current, telephone number, email address and residential address and in the event any such details change, then the party changing their details will inform within no less than seven days of such change.
2. Both parents shall notify the other in the event of any significant change to their health that may have an impact on their capacity to care for the children.
3. For the purposes of the provision of any medication to the other parent, both parents shall ensure that such medication is in its original packaging with the script label attached.
4. The parties shall only communicate in respect of arrangements for and in relation to the care, welfare and development of the children, in writing using a co-parenting application as agreed between the parties and, in default of agreement, "AppClose", unless there is an emergency, in which case the parties are permitted to telephone one another.
5. The application by the Independent Children's Lawyer for contribution towards costs is dismissed.
6. All extant applications are otherwise dismissed.

1. It is the intention of the parties that consultation must occur prior to any decision being made as to major long-term issues in relation to the children, and for this purpose both parties are permitted to receive information from and provide information to the children's medical practitioners. However, where a disagreement arises and following compliance with the consultation provision, the mother shall make the final decision and thereafter notify the father.
2. The parties acknowledge and agree that these Orders do not interfere with the NDIS determination of allocation of parental responsibility as defined under the National Disability Insurance Scheme Act 2013.

1. For the purposes of audio-visual communication as set out in these orders, the parties intend and agree that the communication will occur during that period set out but not necessarily for the entire duration.

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 a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

1. The mother and father were in a relationship from around April 2015 to August 2023. There are three children of the relationship, X born 2016 and aged nine, and twins Y and Z born 2021 and aged four.
2. The mother lives with the three children in Town B.
3. The father currently lives in State F, in the United States, having relocated there to live in May 2025. He has re-partnered with Ms G with whom he has been in a relationship for a little over two years. Ms G is the mother to a seven-year-old child who lives in her primary care. The father and Ms G have very recently welcomed a baby daughter.
4. It is anticipated that when the father returns to Australia to spend time with the children, that time will generally be exercised at the home of the paternal grandparents. They live in Suburb H.
5. Very much to their credit the parents were largely able to agree on the care arrangement for the children. They have agreed the children will remain living with their mother in Australia and she shall have sole decision-making responsibility for them. She must inform the father of the decisions she intends to make and give him an opportunity to have some input into that decision.
6. The parents have also largely agreed about the time the children will spend with their father whilst he is not living in Australia, as well as the arrangement if he returns to live in Australia.
7. The parties have agreed to use a McDonald's at Suburb D for most of the children's changeovers. It takes about the same time for the mother to travel to that location from her home in Town B as it does for the father to travel from Suburb H - being a little over 2 hours. Accordingly, the parents are essentially sharing the travel when changeovers occur there.
8. The orders sought by consent are clearly suitable and entirely in the children's best interests and I will make those orders by consent.

1. The only matters I am required to determine are as follows:

(a) where the changeover location will occur for the time the children spend with their father during the sixth week of each school term;

(b) what the children's time will be for term two holidays, including whether that will be in Australia or overseas; and

(c) where changeover will occur on the occasions the children are travelling to spend time with their father overseas.

1. The parties agreed that they would made short oral submissions on each issue. No party or witness was required to give evidence.

(a) all changeovers when the children's time is taking place in Australia should occur at McDonald's Suburb D;

(b) on the occasions the children are travelling to the United States, changeovers should occur at the passenger drop off Terminal 1, Sydney Airport; and

(c) in addition to the children spending time with their father for three weeks over each Australian long summer holiday alternating between Australia and the United States, they should also spend two weeks with him over every term two holiday in the United States.

(a) all changeovers when the children's time is taking place in Australia should occur at McDonald's Suburb D except when time occurs during week six of each school term. On those occasions she proposed the father drive to Suburb E McDonalds, close to where the mother and children reside;

(b) the changeover when the children are travelling to the United States should also occur at the McDonald's close to the mother's home; and

(c) the term two holiday time should alternate between the United States in even numbered years for two weeks, and Australia in odd numbered years for one week.

(a) all changeovers for any period of time should take place at McDonald's Suburb D; and

(b) Time should occur each term 2 holiday, for two weeks in the United States.

HOW ARE THE CHILDREN'S BEST INTERESTS ASSESSED?

1. Section 60CA of the Family Law Act 1975 (Cth) ("the Act") sets out that the best interests of the children must be my paramount consideration when deciding whether to make a particular parenting order in relation to children.
2. The objects of Part VII of the Act inform how I must exercise my discretion. Those objects include ensuring that the best interests of children are met, including by ensuring their safety (s 60B(a)). The legislation further provides that I must also give effect to the 1989 Convention on the Rights of the Child (s 60B(b)).
3. Section 60CC(2) sets out a non-hierarchical list of considerations which I must take into account being:

(a) what arrangements would promote the safety (including safety from being subjected to, or exposed to, family violence, abuse, neglect, or other harm) of: > > (i) the child; and > > (ii) each person who has care of the child (whether or not a person has parental responsibility for the child); > > (b) any views expressed by the child; > > (c) the developmental, psychological, emotional and cultural needs of the child; > > (d) the capacity of each person who has or is proposed to have parental responsibility for the child to provide for the child's developmental, psychological, emotional and cultural needs; > > (e) the benefit to the child of being able to have a relationship with the child's parents, and other people who are significant to the child, where it is safe to do so; > > (f) anything else that is relevant to the particular circumstances of the child.

In considering the matters set out in paragraph (2)(a), the court must include consideration of:

(a) any history of family violence, abuse or neglect involving the child or a person caring for the child (whether or not the person had parental responsibility for the child); and

(b) any family violence order that applies or has applied to the child or a member of the child's family.

1. The parties' affidavits tell conflicting narratives about the children, the parties' relationship, and each parents' ability to care for the children. However, now most matters have been resolved by consent, many of the disputed facts do not require determination.
2. I will address each consideration in so far as it is relevant to the matters that remain in dispute.

1. It is the mother's case that the children behave poorly when she is driving the children over long distances. It was her evidence that the twins take their arms out of their seatbelts and unstrap themselves and have climbed around the vehicle unrestrained. She said this has necessitated her pulling over on a number of occasions when she is transporting the children. She said she has also required the assistance of other adults to help her transport the boys.
2. The mother said she has now obtained approval for specialised seating that will more readily restrain the boys than previously. Those seat restraints have not yet been provided to the mother, but it is anticipated they will be shortly. The mother will also receive some training on how to use the restraints.
3. The distances the parties - and children - must travel to affect changeover are not insignificant. If one adult bears the majority of the travel, that could cause them to become fatigued. This in turn could impact the safety of the children.

1. I received no submissions regarding the children's views or the impact those views might have on the issues I must determine. I note that in the Family Report, X is reported as saying he did not like driving the distance in the car to spend time with his father. At the time of the report the children were spending each alternate weekends with their father, requiring the travel between Town B and the father's then residence in City K far more frequently than will be required now the father is living abroad.
2. The twins are too young to express any view.

Developmental, psychological, emotional, and cultural needs

1. The children have each been diagnosed with attention deficit hyperactivity disorder. The mother said the twins have also been diagnosed with autism spectrum disorder. They have a number of medical and allied health practitioners upon whom they attend - or have attended - for speech therapy, occupational therapy and behavioural support.
2. I have no evidence from any treating practitioner that these diagnoses impact the children, or their ability to travel distances in the car, or internationally.
3. There have been ongoing disputes about appropriate medical treatment and assessments for the children. Sensibly, those disputes will be resolved by the mother having sole decision-making responsibility.

Capacity of each person who has or is proposed to have parental responsibility for the child to provide for their developmental, psychological, emotional and cultural needs

1. Each party raised concerns in their affidavit material about the ability of the other to appropriately parent the children. However, it is not in dispute that the parents can largely meet the children's needs. Given the proposed orders by consent it is apparent that neither parent is of the view that the other is unable to appropriately care for the children. Counsel for the Independent Children's Lawyer did not indicate that her instructor was concerned regarding parental capacity.

The benefit to the child of being able to have a relationship with their parents, and other people who are significant to the child

1. It is not in dispute that the children will benefit from having a relationship with their parents. The children also enjoy a close relationship with their maternal grandmother who lives nearby and provides the mother with support and assistance.

Any other matters of relevance to the particular circumstances of the child

1. The father lives in the United States with his wife. They have recently welcomed a baby who is the children's half-sister.

The history or family violence, abuse or neglect, and any family violence order that applies or has applied

1. The mother deposed having been subjected to violence, abuse and harassment by the father throughout the parties' relationship and post separation. The father substantially denied these allegations. The mother previously had an Apprehended Violence Order against the father which was made on a final basis, for two years, in May 2022. That order has now lapsed.
2. In late 2023 the father was charged with assaulting the mother in July 2023 by kicking a soccer ball into her legs. The father admitted the assault and was found guilty without conviction.
3. Neither party nor the Independent Children's Lawyer raised the allegations of violence or control as having any impact on issues I must now adjudicate. I am also satisfied that I am not required to make findings regarding these issues given the narrow ambit of the matters requiring my determination.

1. Regarding the changeover in week six of each school term, this will occur up to four times each year. The father proposed the location for this changeover remain at the Suburb D McDonald's. He anticipated it was most likely he will exercise that time over a weekend, at the home of his parents in Suburb H. If he is required to drive to Suburb E to collect the children, he would be required to drive either three hours from the airport, or over four hours from Suburb H to Suburb E and then return to Suburb H taking another four hours, and then repeat that eight hour round trip again two days' later.
2. The mother proposed the changeover occur at Suburb E - and that the father ought to then remain with the children in that area. She said time could then occur during the week which would provide the father with a greater opportunity to engage with the children's day to day lives and school activities. Alternatively, she said if time took place on a weekend, the father should still remain in the area with the children - enabling him to participate in their extra curricula activities and any social commitments they may have.
3. It was the mother's evidence that X has expressed disappointment in missing out on social activities when he has been away from Town B and that he does not like the long drive. As already set out, it was also the mother's case that she has struggled to drive long distances with the children as the twins undo their seatbelts and can become quite dysregulated - which according to the father does not occur when they are travelling with him. The mother said the costs of engaging professionals to assist her in travelling longer distances for changeover is significant (about $1,500 per changeover) and if she continues to require that support, the costs of that will reduce the NDIS funding that would otherwise be available to support the children with other activities and services.
4. The Independent Children's Lawyer proposed all changeovers remain at Suburb D McDonald's, providing routine, predictability and stability for the children. The Independent Children's Lawyer acknowledged the likelihood was that the time with the children would be spent in Suburb H at the home of the paternal grandparents, and changeovers at Suburb D ensured a sharing of the driving between the adults.
5. The reality is that the children are subjected to significant travel irrespective of where changeover occurs.
6. I am of the view that it is appropriate the parents continue to share the travel for the children. The mother has deposed she has arranged special restraints for the children which it is anticipated will overcome the issues she said she experiences with the children undoing their seatbelts. I have some concerns that requiring the father to undertake the entire journey could be quite fatiguing for him, and there are risks for the children if that were the case.
7. I accept that if the mother requires professional assistance to deliver the children she may be required to use NDIS funding to meet the costs, and this will reduce funds available for other assistance to the children. I have taken that into account. It may well be that now the special seat restraints have been approved, the mother will not also require the assistance of support workers.
8. I accept there may be benefits to the children if their father was able to engage with their schooling and extracurricular activities. However, I am not of the view that it is appropriate to fetter the father's ability to arrange his time with the children and require that it occur proximate to the children's home during that sixth week of each term. If the father does elect to exercise time on any occasion near where the children reside, he is to advise the mother not less than 14 days prior to the commencement of time, and changeover will then occur at the Suburb E McDonald's. Otherwise, the parents will continue to share the travel, and the changeover will occur at Suburb D.

1. Pursuant to the father's proposals, as supported by the Independent Children's Lawyer, the children would spend three weeks every second year over the Christmas period in the United States, and two weeks each June/July holiday. That would be three trips across two years.
2. The mother said she was concerned about the term two holiday occurring in the United States each year. She said that would require the children to endure substantial travel from their home in Town B to the airport, then from Sydney to City J, State F. She said the flight will take between 23 and 29 hours. She said the children would be staying in a country with which they are unfamiliar and that the children are also unfamiliar with the father's new wife and child. She said the children would also miss out on the extra curricula activities in which they would otherwise participate in Australia over the term two holidays.
3. I agree with the submissions of the Independent Children's Lawyer and the father that the term two holidays should be for two weeks and on each occasion in the United States. The father lives in the United States. The children have a new sibling there. There are benefits to the children spending time with the father in his home, with their new sibling. The proposals of the Independent Children's Lawyer and the father also provide a predictable routine for the children - so that they know the location and duration of each term two holiday. I further understand that generally the children's extra curricula activities will occur during school terms, and not over holidays. They will, accordingly, miss out on few such activities.
4. There was no reason advanced by the mother as to why the time would be reduced to a one week event every second year.

1. Pursuant to the father's proposals, on the occasions the children are to travel to the United States (which will be three times across two years - or six changeovers), changeover should occur at Sydney Airport. That would require the mother to drive with the children for about three hours to the changeover point.
2. The mother said she was concerned about her ability to reliably transport the children to arrive at a particular time, given the difficulties she has experienced in the past when transporting the children. She deposed to some journeys that have taken considerably longer than they should have as she has been required to pull over numerous times to manage the children's behaviour.
3. The mother's proposal that changeover occur at Suburb E on the occasions when the children will be travelling to the United States would require the father to:
   • travel from State F in the United States to Sydney, Australia;
   • hire a vehicle at the airport;
   • drive three hours to collect the children;
   • drive three hours back to Sydney airport;
   • return the vehicle; and then
   • travel with the children back to the United States.
4. The father would then repeat in reverse for the return leg.
5. I do not find this to be reasonably practicable. It requires him to incur the costs of hiring a vehicle to travel to the changeover location, in addition to the costs of the flights he is already meeting. It may require the father to stay overnight in Australia if he could not achieve arriving in Australia and collecting or delivering the children and returning to the airport for a return flight on the same day. which would be a further expense. I again have some concern about the father's fatigue if he has travelled internationally and is then required to drive a round trip of around six hours.
6. If I adopted the proposals made by the Independent Children's Lawyer the father would still be required to meet the costs of hiring a vehicle to travel to Suburb D to collect the children, in addition to the costs of the flights.
7. I am satisfied that on the three occasions across two years that the children will travel to the United States, it is appropriate that the mother deliver the children to and collect the children from Sydney International Airport. It may be that the father intends to arrive in the morning, take the children into his care or return them to the mother and then depart Australia that same afternoon. That would not be possible if he had to travel closer to the mother's home. I have already referred to the seat restraints the mother for which the mother has received approval. It is hoped those restraints once fitted will ensure the children's safety whilst being transported by their mother.
8. For all of the foregoing reasons, I make the orders as are set out.

1. The Independent Children's Lawyer made an application that the parents contribute one half to her costs, being $8,697.95.
2. Pursuant to s 114UC(1) of the Act, the court may make a costs order against the parents for the costs of the Independent Children's Lawyer in such proportion as the court considers just. However, s 114UC(2) provides that the court must not make a costs order in relation to the costs of the Independent Children's Lawyer;

(a) in relation to a party in receipt of legal aid, or

(b) if the court considers that a party would suffer financial hardship if they were required to contribute towards the costs of the Independent Children's Lawyer.

1. The mother in this matter is legally aided. Accordingly, no order can be made against her.
2. The father is living overseas. Whilst he is employed and earning a reasonable income, he will have substantial costs to meet in exercising time with the children. He will be required to meet the costs of the children's return trips to Australia and the flights of the accompanying adult on three occasions each two years. He will also be required to meet his own costs of returning to see the children each term one and three holidays, as well as every second year over the long summer holidays, and for another four visits during each term. This is a very significant financial burden, and I am satisfied it would cause the father financial hardship if he had to contribute to the Independent Children's Lawyer's costs in all the circumstances.
3. Accordingly, I dismiss the application for costs.

I certify that the preceding fifty-eight (58) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Carter.