HAYDOCK and HAYDOCK

Case [2017] FCWA 71


JURISDICTION : FAMILY COURT OF WESTERN AUSTRALIA

ACT: FAMILY LAW ACT 1975

LOCATION: PERTH

CITATION: HAYDOCK and HAYDOCK [2017] FCWA 71

CORAM: WALTERS J

HEARD: 15, 16 & 20 - 23 JANUARY 2015 AND 19 & 20 JULY 2016

DELIVERED : 29 MAY 2017

FILE NO/S: PTW 722 of 2012

BETWEEN: MR HAYDOCK

Applicant

AND

MS HAYDOCK
Respondent

Catchwords:

FAMILY LAW – PARENTING ISSUES – Where both parties assert they were children's' primary carer – Where husband unreasonably critical of wife – Where week about arrangement proposed by husband not in children's best interests – Orders made for children to live with wife and spend substantial and significant time with husband

FAMILY LAW – PROPERTY SETTLEMENT – Alteration of property interests – Where husband failed to make full and frank disclosure – Where husband has consistently failed to comply with orders – Case turns on its own facts

FAMILY LAW – COSTS – Where both parties sought orders for costs – where husband conduct as a litigant was reprehensible – Husband ordered to pay wife's costs in a specific amount

Legislation:

Family Law Act 1975 (Cth)
Family Law Rules 2004 (Cth)

Category: Not Reportable

Representation:

Counsel:

Applicant: Self-Represented Litigant

Respondent: Ms Wadsworth

Solicitors:

Applicant: Self-Represented Litigant

Respondent: Bannerman Solicitors

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

B & B [2006] FamCA 883
Best & Best (1993) FLC 92-418
Bevan & Bevan [2013] FamCAFC 116
Bonacci & Bonacci [2012] FamCAFC 15
Champness & Hanson [2009] FamCAFC 96
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
Hawkins & Roe (2012) 47 Fam LR 526
Hickey & Hickey & Attorney-General for the Commonwealth of Australia [2003]
FamCA 395
Hungerford & Tank [2007] FamCA 637
Jets & Maker (No 2) [2011] FMCAfam 1473
Jurchenko & Foster [2014] FamCAFC 127
King v Yurisich (No 2) [2007] FCAFC 51
Latoudis v Casey (1990) 170 CLR 534
M & S (2007) FLC 93-313
Maker & Jets (No 3) [2012] FMCAfam 1104
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
McMahon & McMahon (1995) FLC 92-606
Mills & Watson (2008) 39 Fam LR 52
Moose & Moose (2008) FLC 93-375
MRR v GR (2010) 240 CLR 461
Mulvaney & Lane (2009) FLC 93-404
Norbis v Norbis (1986) 161 CLR 513
OSF & OJK (2004) FLC 93-19
Re F – Litigants in Person Guidelines (2001) FLC 93-072
Russell v Russell (1999) FLC 92-877
Saxena & Saxena (2006) FLC 93-268
Sayer & Radcliffe (2012) 48 Fam LR 298
Schwarz & Schwarz (1979) 5 Fam LR 396
Scott & Danton [2014] FamCAFC 203
Smith &…

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HAYDOCK and HAYDOCK [2017] FCWA 71
Case
[2017] FCWA 71
Decision Date

CaseChat Overview and Summary

In the matter of Haydock and Haydock, the court was called upon to resolve parenting and property settlement issues arising from the dissolution of the marriage between the parties. The dispute centred around the primary care of their two children, as well as the equitable distribution of their property. Both parties claimed to be the primary caregiver, and the husband had been critical of the wife in front of the children, which the court found was not in the best interests of the children. The court also found that the husband had failed to make full and frank disclosure of his financial situation, and had consistently failed to comply with previous orders.

The legal issues before the court were whether the proposed parenting arrangement suggested by the husband was in the children's best interests, and whether the husband had failed to make full and frank disclosure of his financial situation. The court also needed to determine the appropriate allocation of property between the parties, and whether the husband's conduct as a litigant warranted an order for him to pay the wife's costs.

In its reasoning, the court found that the husband's proposed parenting arrangement was not in the children's best interests due to his unreasonable criticism of the wife. The court also found that the husband had failed to make full and frank disclosure of his financial situation, and had consistently failed to comply with previous orders. The court made an order that the children were to live with the wife and spend substantial and significant time with the husband. The court also found that the husband's conduct as a litigant was reprehensible, and ordered him to pay the wife's costs in a specific amount. The case was determined on its own facts, and the orders made reflected the unique circumstances of the parties.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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