MRR v GR [2010] HCA 4

HIGH COURT OF AUSTRALIA

FRENCH CJ,

GUMMOW, HAYNE, KIEFEL AND BELL JJ

MRR APPELLANT

AND

GR RESPONDENT

MRR v GR [2010] HCA 4

Date of Order: 3 December 2009

Date of Publication of Reasons: 3 March 2010

B44/2009

ORDER

1. The appeal from the whole of the judgment and orders of the Full Court of the Family Court of Australia given and made on 15 May 2009 be allowed.

2. The orders of the Full Court of the Family Court of Australia made on 15 May 2009 be set aside and in their place order that:

(a) the appeal by the mother against the orders of the Federal Magistrates Court of Australia made on 1 April 2008 be allowed;

(b) the orders of the Federal Magistrates Court of Australia made on 1 April 2008 be set aside;

(c) the matter be remitted to the Federal Magistrates Court of Australia for rehearing de novo.

On appeal from the Family Court of Australia

Representation

B W Walker SC with L A R Goodchild for the appellant (instructed by Neisha Shepherd Solicitor)

G K W Page SC with T D Betts for the respondent (instructed by Rod Madsen)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

MRR v GR

Family law – Children – Parenting orders – Section 60CA of the Family Law Act 1975 (Cth) makes "best interests of the child" paramount consideration when making parenting order – Section 61DA(1) provides presumption that equal shared parental responsibility in best interests of child – Section 65DAA requires court to consider whether child spending equal, or "substantial and significant", time with each parent is "reasonably practicable" – Where order required that child spend equal time with each parent – Where order made on basis that parents would live in Mt Isa – Where living in Mt Isa contrary to wishes of mother – Whether spending equal time with each parent reasonably practicable – Significance of circumstances of mother – Relationship between best interests of the child and reasonably practicable – Whether order valid.