Dylan & Dylan

Case [2007] FamCA 842


FAMILY COURT OF AUSTRALIA

DYLAN & DYLAN [2007] FamCA 842

FAMILY LAW – CHILDREN - Presumption of equal shared parental responsibility- The best interests criteria - Weight given to teenage children’s expressed views – Meaning of “substantial and significant” parenting time discussed.

This was an application by the father for equal shared parental responsibility and parenting time orders. The mother proposed the retention of the status quo in line with the expressed wishes of the subject children, a boy R, aged 15 and a girl B, aged 10.

The Independent Children’s Lawyer and two court experts contended that any additional time with the father was contrary to the children’s best interests.

Held: The children needed to develop a more meaningful and stronger long-term relationship with the father and to have him more actively involved in their lives. This could only be achieved by increasing the time the children spend with him from minimal to substantial and significant. Any risk of harm arising from the extra time was worth taking for the children’s overall benefit.

Family Law – Property - Division of pool after marriage of 13 years duration – s 79(4) and s 75(2) considerations.

The main redistribution issue was whether the significance of the husband’s sizeable initial capital contribution was offset or diminished and to what extent by the wife’s overall s 79(4)(c) contribution to the date of trial and her likely future financial needs.

Held: 55/45 split of total property pool in favour of the husband.

Cotton (1983) FLC 91-330
Mathieson (1997) FLC 90-230
B and B: Family Law Reform Act 1995 (1997) FLC 92-755
Fardon v Attorney-General (Qld) (2004) 210 ALR 50
Nicholas v R (1998) 151 ALR 312
Re B: Re O (2007) 1 FLR 559
CDJ v VAJ (No. 1) (1998) 197 CLR 172
Godfrey & Sanders [2007] FamCA 102
U v U (2002) FLC 93-112.

Goode and Goode (2006) FLC 93-286

C and C (2002) 211 CLR 238
Ahmad (1979) FLC 90-633
Re: T (Contact : Alienation : Permission to appeal) (2003) 1 FLR 531
ZN v YH and Child Representative (2002) FLC 93-101
Wotherspoon and Cooper (1980) FLC 91-029
K and Z (1997) FLC 92-783
H v W (1995) FLC 92-598
Re P  (1992) 1 FLR 316

R and R: Children’s wishes (2000) FLC 93-000.
Re G : Children’s schooling (2000) FLC 93-025

Reynolds v Reynolds (1973) 47 ALJR 499

Hickey and Hickey; The Attorney General for the Commonwealth of Australia (Intervenor) (2003) FLC 93-143

Dickson (1999) FLC 92-843
Phillips (2002) FLC 93-104
Clauson (1995) FLC 92-595.
Freeman (1979) FLC 90-697

Crawford (1979) FLC 90-647

W and W (1980) FLC 90-872
Foster v Foster [2003] 2 FLR 299
Burgess v Burgess [1996] 2 FLR 34.
Bremner and Bremner (1995) FLC 92-560.
Lee Steere (1985) FLC 91-626
Zyk (1995) FLC 92-644
Pierce (1999) FLC 92-844

Rogers (1980) FLC 90-874

APPLICANT: MR DYLAN
RESPONDENT: MS DYLAN
INDEPENDENT CHILDREN’S LAWYER: Legal Aid (Qld)
FILE NUMBER: BRF 2433 of 2004
DATE DELIVERED: 21 August 2007

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Dylan & Dylan [2007] FamCA 842
Case
[2007] FamCA 842
Decision Date

CaseChat Overview and Summary

In the matter of *Dylan & Dylan*, Carmody J of the Family Court of Australia considered applications concerning both children’s matters and property division. In the children’s proceedings, the father sought orders for equal shared parental responsibility and increased parenting time, while the mother sought to maintain the status quo, aligning with the expressed wishes of their children, a 15-year-old boy and a 10-year-old girl. The Independent Children’s Lawyer and two court experts opposed the father's application, asserting it would not be in the children's best interests.

The court was required to determine whether to grant equal shared parental responsibility and increased parenting time to the father, considering the children's best interests, the weight to be given to the teenage child's views, and the meaning of "substantial and significant" parenting time. In the property proceedings, the central issue was whether the husband's substantial initial capital contribution was offset or diminished by the wife's contributions to the marriage and her likely future financial needs.

Regarding the children's matters, Carmody J found that the children needed to develop a more meaningful and stronger long-term relationship with their father and to have him more actively involved in their lives. This necessitated an increase in the time the children spent with him from minimal to substantial and significant, with the court deeming any potential risk of harm from this increased time to be a worthwhile risk for the children's overall benefit. In the property proceedings, after considering the relevant factors under sections 79(4) and 75(2) of the *Family Law Act 1975* (Cth), the court ordered a 55/45 split of the total property pool in favour of the husband.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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