Watch list – Jarrard & Jarrard [2015] FamCA 1143 (18 December 2015)

FAMILY LAW – CHILDREN – Family Law Watch List order – mother seeks to travel regularly with the child to her country of origin, the Federation of Russia – father holds grave concerns that mother will not return the child – Federation of Russia is a state party to the Hague Convention but there are practical difficulties associated with enforcement under the Convention – mother seeks the discharge of the Watch List order – father seeks that the Watch List order be extended for five years – Mother permitted to travel with the child to Russia annually for up to three weeks per calendar year.

FAMILY LAW – CHILDREN – Where the child lives with the mother and spends substantial and significant time with the father – where there are final orders by consent as to equal shared care from 2017 when the child commences school – where the mother proposes the father spend time with the child for five consecutive nights per fortnight until the commencement of school – where the father proposes an additional night in the alternate week until the commencement of school – finding that it is in the best interests of the child for the father to spend time with the child for an additional night in the alternate week.

Evidence Act 1995 (Cth), s 140
Family Law Act 1975 (Cth), ss 60B, 60CA, 60CC, 61C(3), 64B(2), 65DAA, 65Y, 68B
Family Law Rules 2004 (Cth), r 19.50

Kuebler & Kuebler (1978) FLC 90-434
Line & Line (1997) FLC 92-729
Raji & Hassam [2008] FamCA 4

Mr Jarrard

Ms Jarrard

MLC

9099

of

2013

18 December 2015

Melbourne

Melbourne

Thornton J

24, 25 and 26 August 2015