JURISDICTION : FAMILY COURT OF WESTERN AUSTRALIA
ACT: FAMILY COURT ACT 1997
LOCATION: PERTH
CITATION: MANE and ASPLEY [2019] FCWA 118
CORAM: DUNCANSON J
HEARD: 29, 30 October, 1, 2 November 2018, 27, 28, 29 March 2019
DELIVERED : 31 MAY 2019
FILE NO/S: PTW 2344 of 2016
BETWEEN: MR MANE
Applicant
AND
MS ASPLEY
Respondent
Catchwords:
CHILDREN - Where the presumption that it is in the best interests of the child that his parents have equal shared parental responsibility for him does not apply - Where it is nevertheless in the child's best interests to make such an order - Where both parties are competent and caring parents - Where orders are made gradually increasing child's time with the father - Where an order is not made for the child's attendance at private school at this time - Where various other parenting orders are made which are considered to be in the child's bests interests
Legislation:
Evidence Act 1906 (WA) s 50A
Family Court Act 1997 (WA) s 9A, s 66, s 70A
Surveillance Devices Act 1998 (WA) s 5
Category: Reportable
Representation:
Counsel:
| Applicant | : | Ms T Farmer |
| Respondent | : | Self-Represented Litigant |
Solicitors:
| Applicant | : | Lavan Legal |
| Respondent | : | Self-Represented Litigant |
Case(s) referred to in decision(s):
Wilkinson and Asher [2018] FCWA 151
WORDS IN SQUARE BRACKETS REPLACE WORDS USED IN THE ORIGINAL JUDGMENT – PARTIES’ NAMES AND IDENTIFYING DETAILS HAVE BEEN CHANGED
IT IS NOTED that publication of this judgment by this Court under the pseudonym Mane & Aspley has been approved by the Family Court of Western Australia pursuant to s 243(8)(g) of the Family Court Act 1997 (WA).
1[Mr Mane], the father and [Ms Aspley], the mother are unable to agree about the parenting arrangements for their son [B] who is four years of age.
THE PARENTING ORDERS SOUGHT
2The orders sought by the father are set out in an amended Minute of Proposed Final Orders Sought filed 26 March 2019.
3The orders sought by the mother are set out in a Minute of Proposed Orders filed 26 February 2018.
4The matters in dispute include issues which I summarise as follows:
•whether the parties should have equal shared parental responsibility for B as proposed by the father, or whether the mother should have sole parental responsibility as proposed by her;
•whether B should live with both parties, his time with the father increasing at alternate weekends and mid-week until the commencement of pre-primary in 2020, when the father proposes that B live with him in a two week cycle, in week one – overnight on Tuesday and from Friday to Monday, and in week two – from Tuesday to Friday, a total of seven nights each fortnight. Alternatively whether B should live with the mother and spend time with the father gradually increasing such that when he commences school in early 2020, he spends time with the father from Friday to Sunday in week one and from Thursday to Friday…
Continue reading MANE and ASPLEY
Sign in free to access the full text
- AGLC
- Mane and Aspley [2019] FCWA 118
- Case
- [2019] FCWA 118
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court had to decide were whether the presumption of equal shared parental responsibility should apply, and if not, what alternative arrangements would be in the child's best interests. The court also had to consider the parents' respective roles and the potential impact of the child attending a private school, as well as the overall welfare of the child. Furthermore, the court was required to assess the implications of gradually increasing the child's time with the father and making other parenting orders.
In delivering its decision, the court first acknowledged that the presumption of equal shared parental responsibility did not apply in this case. Despite this, the court found that it was in the child's best interests to make an order for equal shared parental responsibility. The court then considered the parents' roles and decided to make orders that would gradually increase the child's time with the father. The court also determined that an order for the child's attendance at a private school was not in the child's best interests at that time. Finally, the court made various other parenting orders, which it considered to be in the child's best interests.
The court ordered that the child's time with the father would gradually increase, and that there would be no order for the child's attendance at a private school at that time. The court also made various other parenting orders, which it considered to be in the child's best interests. These orders included specific arrangements for communication between the parents, decision-making responsibilities, and the child's schooling and extracurricular activities.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.