GRESHAM & GRESHAM

In the Family Court of Australia, Justice Carew considered applications concerning the children of the parties and child support obligations. The primary dispute involved arrangements for the children, where the parents had consented to equal shared parental responsibility but disagreed on the practical time arrangements. Additionally, the father sought to enforce an outstanding child support debt owed by the mother, and also applied for a departure from the administrative assessment of child support payable by the mother.

The court was required to determine the best interests of the children in relation to time spent with each parent, notwithstanding the parties' agreement on equal shared parental responsibility. Furthermore, the court had to consider the father's application to enforce the child support debt through the sale of the mother's property and his application for a departure from the standard child support assessment.

Regarding the children's arrangements, Justice Carew found that while equal time was not in their best interests, orders for the children to live with the father and spend significant and substantial time with the mother were appropriate. This decision was based on the children's close and loving relationship with the mother, which would be maintained through regular time, and the proposed orders' capacity to minimise the risk of exposure to parental conflict and erratic behaviour. In relation to child support, the court was satisfied that the Child Support Registrar had been served and did not oppose enforcement. While the mother did not oppose enforcement, she sought an alternative repayment proposal. The court granted the mother a further 45 days to pay the debt before an enforcement warrant would be issued. Finally, the court found special circumstances justifying a departure from the administrative assessment of child support, ordering the mother to pay $12,662 per annum, resulting in a nil assessment for the father.