JURISDICTION : FAMILY COURT OF WESTERN AUSTRALIA
ACT: FAMILY LAW ACT 1975
LOCATION: PERTH
CITATION: LOFFLER-WINGROVE and WINGROVE [2015] FCWA 55
CORAM: WALTERS J
HEARD: 24, 25, 26, 29 & 30 JUNE 2015
DELIVERED : 30 JUNE 2015 (Ex tempore)
FILE NO/S: PTW 2440 of 2013
BETWEEN: MS LOFFLER-WINGROVE
Applicant
AND
MR WINGROVE
Respondent
Catchwords:
FAMILY LAW – PARENTING ISSUES – Where parties had implemented a day about arrangement – Where the day about arrangement has been destructive and destabilising for the children – Where equal time is not in the best interests of the children – Where father highly critical of mother – Where father is antagonistic towards mother's new partner – Where father's proposals involve separation of siblings – Case turns on its own facts
Legislation:
Family Law Act 1975 (Cth)
Category: Not Reportable
Representation:
Counsel:
Applicant: Mr F. Castiglione QC
Respondent: Mr M. Rynne
Solicitors:
Applicant: Leach Legal
Respondent: Carr & Co
Case(s) referred to in judgment(s):
Champness & Hanson (2009) FLC 93-407
Collu & Rinaldo [2010] FamCAFC 53
Godfrey & Sanders [2007] FamCA 102
Goode & Goode (2006) FLC 93-286
Hamish & Brighton [2014] FamCAFC 242
Jets & Maker (No 2) [2011] FMCAfam 1473
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
Moose & Moose (2008) FLC 93-375
Mulvaney & Lane (2009) FLC 93-404
Re G Children's Schooling (2000) FLC 93-025
Taylor & Barker (2007) FLC 93-345
WORDS IN SQUARE BRACKETS REPLACE WORDS USED IN THE ORIGINAL JUDGMENT - PARTIES’ NAMES AND IDENTIFYING DETAILS HAVE BEEN CHANGED
EX TEMPORE REASONS FOR JUDGMENT
Introduction and general observations
1Before the Court are the parties' competing applications relating to parenting orders for their children [Child A] and [Child B]. I propose to deliver ex tempore reasons. They will be inelegant for that reason. Also, they may not be comprehensive, but I will do the best I can in the time available to me. I reserve the right to revisit these Reasons and amend them if I see fit, although the law says that I cannot change the substance of the determinations I am about to make.
2I have elected to deliver ex tempore reasons because, in my view, it is imperative that these proceedings be brought to an end as soon as possible. I commented when the matter came before me immediately before the commencement of the trial that the day-about shared care arrangement currently in place is clearly not in the best interests of these children. I was assured by the father's solicitor that the arrangement was no longer in effect, and that it had ceased in February 2015. However, I was later advised by letter from the solicitors for the father that, in fact, it had not been terminated and the day-about arrangement was continuing to operate. Indeed, it continues to operate…
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- AGLC
- LOFFLER-WINGROVE and WINGROVE [2015] FCWA 55
- Case
- [2015] FCWA 55
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the existing day about arrangement was in the children's best interests and, if not, what alternative arrangements should be made. The court considered the impact of the current arrangement on the children, the father's criticism of the mother, and his antagonism towards her new partner. Additionally, the court examined the father's proposals for separation of the siblings and whether they would better serve the children's interests.
In reaching its decision, the court found that the day about arrangement was not in the children's best interests due to the destabilisation and distress it caused. The court also considered the father's highly critical attitude towards the mother and his antagonistic behaviour towards her new partner, which created an environment of conflict and instability. The court concluded that equal time was not suitable in this particular case, as it would not serve the best interests of the children. The court ordered a modified parenting arrangement that aimed to provide stability and reduce conflict for the children.
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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