Forster and Forster

In *Forster & Forster* [2012] FamCA 979, the Family Court of Australia considered an application by the wife for a divorce. The respondent husband had filed a response to the divorce application. The primary issue before the Court was whether proper arrangements had been made for the child of the marriage, who was under 18 years of age, as required by the *Family Law Act 1975* (Cth).

The Court was required to determine if, despite some complaints made by the child to the father regarding his living arrangements and the mother's conduct, the arrangements in place for the child's care, welfare, and development were satisfactory. The Court also noted that other significant matters concerning the parties' children and property settlement were pending before another judge.

Justice Dawe found that the husband accepted the marriage had irretrievably broken down and that the wife met the residency requirements. Regarding the child, the Court heard evidence from both parents. The wife presented evidence of the child's academic progress and good health. The husband raised concerns about the mother's accommodation, her participation in the child's education, and the child's complaints about his lifestyle with the mother. Despite these concerns, and considering the child's age and academic success, the Court was satisfied that proper arrangements had been made for the child in all the circumstances.

Consequently, the Court granted the divorce, with the order to take effect on 15 December 2012. The Court also made directions regarding the timing of other outstanding applications and the adjournment of the question of costs for the divorce application.