Twiner & Field

The case of *Twiner & Field* concerned a dispute between a father and mother regarding their child's residence and child support payments. The father sought orders for the child to live with him and for a departure from the standard child support assessment to increase his child support liability. The mother opposed the father's application for a residence order and sought to resist the departure order. The decision was made by Deputy Commissioner Faulks.

The primary legal issues before the court were whether it was in the best interests of the child for the child to live with the father, and whether a departure from the child support assessment was warranted to increase the father's assessed income. In relation to the child support issue, the court had to determine if the father had concealed income or financial resources, or if he possessed a higher earning capacity than that which was being assessed.

On the question of residence, the court considered the nature of the meaningful relationship the child had with the father, noting that they had spent little time together. The court ultimately found that it was not in the child's best interests to make orders for the child to live with the father. Regarding the child support application, the court found there was insufficient evidence to establish that the father had concealed property or that he had a significantly higher earning capacity. Consequently, the court refused to make a departure order to increase the father's child support assessable income.