Cashmore and Purser

In the Family Court of Australia at Melbourne, Justice Dessau presided over proceedings between Mr Cashmore (applicant) and Ms Purser (respondent) concerning parenting arrangements for their son, J. The primary dispute revolved around unresolved issues in proposed consent orders, particularly regarding J's time with his mother and the practicalities of changeovers.

The court was required to determine several specific matters. Firstly, the commencement time for J's alternate weekend time with his mother on Saturdays when he was not engaged in sport. Secondly, whether the orders should include a provision for J to spend additional time with his mother as agreed between her and J. Thirdly, the method of changeovers for J's weekend time with his mother for the remainder of 2007. Finally, the court considered an application for costs made by the wife.

Justice Dessau reasoned that while the father's need for later weekend start times was understood, the child's need for maximum time with his mother was paramount, leading to a compromise start time of 10:30 am. Regarding the inclusion of "at other times as agreed between the wife and the child," the court declined this, placing significant weight on the Independent Children's Lawyer's submission that J desired his parents to manage these decisions, not to be pressured by them. On the issue of changeovers, the court found that the father's proposed bus travel for J was contrary to the child's best interests due to the significant time it would consume, and therefore ordered that the father collect J from near the mother's residence for the remainder of 2007. Finally, despite the wife's success on certain points and the husband's conduct on one occasion, the court exercised its discretion against ordering costs, noting that both parties were legally aided and that the husband had significant financial responsibilities. However, a notation was added to the orders for Victoria Legal Aid to consider when assessing any future application by the wife to lift her costs cap.