Parrone and Parrone

Case

[2009] FamCA 899

4 August 2009


Details
AGLC Case Decision Date
Parrone and Parrone [2009] FamCA 899 [2009] FamCA 899 4 August 2009

CaseChat Overview and Summary

In *Parrone and Parrone*, heard before Stevenson J, the parties sought orders concerning the living arrangements and time spent with their three children, A (born 1994), C (born 1996), and S (born 2001). The dispute centred on the appropriate balance of time the children should spend with each parent, particularly in light of the eldest child, A, having significantly reduced contact with the father.

The court was required to determine the best interests of the children under section 60CC of the *Family Law Act 1975* (Cth). Specifically, the court considered the likely effect of any changes in the children's circumstances, including the impact of separation from either parent or other significant persons, and the practical difficulties and expense associated with the children spending time with each parent. The court also had regard to the capacity of each parent to provide for the children's needs and their attitudes towards parenthood and the children.

Stevenson J noted that both parents were willing and able to facilitate the children's relationships with each other and had consistently done so since separation. However, a significant concern arose from the Family Consultant's prediction that a week-about arrangement would put the girls' relationships at risk, particularly C's relationship with A, if A continued to spend most of her time with the mother. This risk, previously theoretical, was now a practical concern given A's reduced contact with the father. The court also found no practical difficulties or expense in the children spending time with either parent, as they lived in close proximity. The father expressed a belief that the mother was "taking them away" and sought equal time, stating it was "only fair" and that he should have his children as much as the mother.

The court ordered the discharge of all existing orders relating to the children. It was ordered that children C and S live with the mother at all times, except for specific periods when they would live with the father. These periods included alternate weekends during school term, alternate Thursdays, half of all school holidays, and special occasions, with liberty for the parents to agree to variations.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Remedies

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