Friday, 18 December 2009

High Court overturns relocation case

The High Court has overturned the Mt Isa relocation case. This case involved a Federal Magistrate determining that there should be an equal shared care arrangement for a young girl, when the father worked in Mt Isa, and the mother, who came from Sydney, survived on Centrelink, while living in a caravan.

The Federal Magistrate took the view that the choices available to him were to either place the child with the father, or have the shared care arrangement in place, although the mother's desired outcome was to live in Sydney.

The High Court has that the Full Court of the Family Court should have upheld the mother's appeal to that court on the basis that it was not reasonably open to the Federal Magistrate to find that the arrangement for either shared care or substantial and significant care was reasonably practicable within the meaning of s. 65DAA(1)(b) of the Family Law Act.

The mother's earlier appeal to the Full Court of the Family Court was refused by Justices Finn, May and Benjamin.

The High Court is yet to deliver detailed reasons.

4 comments:

Anonymous said...

This is horriable and my heart goes out to the mother of that little girl. Do people not get a freedom of choice anymore? A mother being told where to live... what has this world come to? Convicted pedafiles I believe have more freedom of choice in where they live! How can they do this!! There is a better life to be had than living in a caravan... if a parent is 100% happy the child is going to thrive!! Does the court not see this fact!!!!!!

Anonymous said...

i think you missed the point of the blog anon.

Anonymous said...

I agree with the first comment totally and its sad that you have to jump through the hoops of the legal system to get this outcome.

Anonymous said...

well it happens i am a now single mother of five my husband was/is in adf. Due to reasons unknown to myself my husband disolved the marriage.
a year later I am standing in a court room knowing NO arrangements had been made for children and that the divorsed would not be granted and then Bang a judge granted it...... So three years later he pays his maintance of 1100 month. And has moved to another state and i am left to make sure the kids are ok I ask his help he denies me. I am injured currently and suggested that he could take care of kids till i recovered. He said no. There are no orders there is nothing just myself and my great kids living below poverty line and he jet sets and lives large. He has no responsibilty at all and the courts granted it.