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DILLON and ANNING

DILLON and ANNING

Case [2017] FCWA 50 21 April 2017

Parenting Issues

Equal Shared Parental Responsibility

Best Interests of the Child

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JURISDICTION : FAMILY COURT OF WESTERN AUSTRALIA
ACT: FAMILY LAW ACT 1975
LOCATION: PERTH
CITATION: DILLON and ANNING [2017] FCWA 50
CORAM: WALTERS J
HEARD: 25 AUGUST 2014, 3, 4 & 5 AUGUST 2015
DELIVERED : 21 APRIL 2017
FILE NO/S: PTW 6149 of 2012
BETWEEN: MR DILLON
Applicant
AND
MS ANNING
Respondent

Catchwords:

FAMILY LAW – PARENTING ISSUES – where mother is primary carer of child – where mother seeks sole parental responsibility and father seeks equal shared parental responsibility – whether presumption that it is in child's best interests for parents to have equal shared parental responsibility applies – where presumption has been rebutted – where father's proposal involves a significant change to pre-existing care arrangements – where it is not in child's best interest to make such a significant change immediately – history of family violence – where parties are unable to co-parent effectively – Orders made for child to live with mother and spend substantial and significant time with father

FAMILY LAW – PROPERTY SETTLEMENT – alteration of property interests under the Family Law Act (1975) (Cth) – consideration of the parties' respective contributions – consideration of s 75(2) factors – case turns on its own facts

Legislation:

Corporations Act 1990 (Cth)
Family Law Act 1975 (Cth)
Interpretation Act 1984 (WA)

Category: Not Reportable

Representation:

Counsel:

Applicant: Self-Represented Litigant
Respondent: Self-Represented Litigant

Solicitors:

Applicant: Self-Represented Litigant
Respondent: Self-Represented Litigant

Case(s) referred to in judgment(s):

Bevan & Bevan [2013] FamCAFC 116
Bolger & Headon [2014] FamCAFC 27
Champness & Hanson (2009) FLC 93-407
Chapman & Chapman [2014] FamCAFC 91
Clauson & Clauson (1995) FLC 92-596
Collu & Rinaldo [2010] FamCAFC 53
Dekker & Dekker [2014] FCWA 61
Dickons & Dickons [2012] FamCAFC 154
Fielding & Nichol [2014] FCWA 77
Fitzgerald-Stevens & Leslighter [2015] FCWA 25
G & G [2004] FamCA 1179
Godfrey & Sanders [2007] FamCA 102
Goode & Goode (2006) FLC 93-286
Hamish & Brighton [2014] FamCAFC 242
Herridge & Handerson [2011] FamCAFC 156
Hickey & Hickey & Attorney-General for the Commonwealth of Australia (Intervener) (2003) FLC 93-143
Hungerford & Tank [2007] FamCA 637
Jets & Maker (No 2) [2011] FMCAfam 1473
M & S (2007) FLC 93-313
Marsden & Winch (No 3) [2007] FamCA 1364
Mazorski & Albright (2007) 37 Fam LR 518
McCall & Clark (2009) FLC 93-405
McLay & McLay (1996) FLC 92‑667
Mills & Watson (2008) 39 Fam LR 52
Monie v the Commonwealth (2005) 63 NSWLR 729
Moose & Moose (2008) FLC 93-375
MRR v GR (2010) 240 CLR 461
NHC & RCH (2004) FLC 93-204
Norbis v Norbis (1986) 161 CLR 513
Paxton & Paxton [2016] FCCA 1689
Rollings & Rollings [2009] FamCAFC 87
Russell v Russell (1999) FLC 92-877
Sayer & Radcliffe (2012) 48 Fam LR 298
Scott & Danton [2014] FamCAFC 203
Stanford v Stanford (2012) 247 CLR 108
Starr & Duggan [2009] FamCAFC 115
Taylor & Barker (2007) FLC 93-345
Waters & Jurek (1995) FLC 92-635

WORDS IN SQUARE BRACKETS REPLACE WORDS USED IN THE ORIGINAL JUDGMENT…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading DILLON and ANNING

Details

AGLC: DILLON and ANNING [2017] FCWA 50
Case: [2017] FCWA 50
Decision Date: 21 APRIL 2017

CaseChat Overview and Summary

The case of Dillon and Anning involved a dispute between the parents of a child over parenting arrangements and property settlement. The mother, who was the primary carer of the child, sought sole parental responsibility, while the father sought equal shared parental responsibility. The court was required to decide whether the presumption that it is in the child's best interests for parents to have equal shared parental responsibility applied, and if so, whether it had been rebutted. The court also had to consider whether the father's proposal involved a significant change to pre-existing care arrangements, and if such a change was in the child's best interests.

The court found that the presumption of equal shared parental responsibility had been rebutted because of the history of family violence and the parties' inability to co-parent effectively. The court also found that the father's proposal involved a significant change to pre-existing care arrangements, and that it was not in the child's best interests to make such a significant change immediately. The court considered the child's age, the length of time the child had spent living with the mother, and the need for stability and continuity in the child's life. The court also took into account the views of the child, who expressed a preference to live with the mother.

The court made orders for the child to live with the mother and spend substantial and significant time with the father. The court also made orders for the property settlement, including the division of the family home and the payment of spousal maintenance. The court found that the mother was entitled to spousal maintenance for a period of two years, and that the parties' property interests should be altered to reflect their respective contributions to the relationship and their future needs.

The court's orders reflect the importance of considering the best interests of the child in making decisions about parenting arrangements and property settlement. The court recognised the need for stability and continuity in the child's life, and the importance of taking into account the views of the child. The court also recognised the need to balance the respective rights and interests of the parties in making property settlement orders. Overall, the court's decision provides useful guidance for lawyers advising clients on family law matters.

Orders