MOTHER OPPOSES THE FATHER TRAVELLING INTERSTATE WITH THEIR CHILD SO SHE FILED AN APPLICATION TO VARY FINAL PARENTING ORDERS
Eastman & Tandy (No.2) [2020] FCCA 3594 (22 December 2020)
This is an initiating application filed by the mother to vary final orders where the father proposes to travel interstate for a holiday with the child.
Facts:
This is an initiating application filed by the mother seeking to vary final orders that were made by consent on 24 June 2020.
The parties are in a bitter dispute about their two-and-a-half-year-old child, X. The mother's application is essentially on the grounds of urgency because the father was proposing to travel to City B in January for a holiday with the child and he is proposing to have the child spend three weeks with him, as is permitted under the consent orders made in June on giving notice.
However, the mother's application is that that order made on 24 June by consent be varied, so that the child can spend no longer than seven days with the father in City B.
Mr Barry submitted there had been a significant change in circumstances. He said there had been a breakdown in communication and the co-parenting relationship between the parties. It appears to me that the co-parenting relationship between the parties is terrible.
Issue: Should the consent order be varied?
Held:
One would expect a two-and-a-half-year-old child, who is caught between parents who are engaged in a bitter and protracted dispute to possibly be showing signs of that dispute. It is very difficult for parents to entirely protect children from their own conflict. However, it seems that really the application at this stage is nothing more than speculative and there is no material before the court that persuades it that there is an unacceptable risk of emotional harm to this child, should the present orders be complied with.
Conclusion: The court declines to make an order varying the current orders.
