Waterhouse and Shelley

In the Family Court of Australia at Melbourne, Justice Guest presided over proceedings between Mr Waterhouse (Applicant) and Ms Shelley (Respondent), with an Independent Children's Lawyer also involved. The dispute concerned the welfare and living arrangements of the parties' child, L, born in December 1995. The matter was brought before the court under Division 12A of the Family Law Act 1975, with the parties agreeing to participate in the Less Adversarial Trial (LAT) procedures.

The court was required to determine several key issues, including the residence placement of the child, the time the child should spend with each parent, and the practical arrangements for such contact. Central to these determinations was the paramount consideration of the child's best interests, as mandated by the Family Law Act. The court also needed to address the contentious issue of relocation, as the wife proposed moving to Western Australia.

Justice Guest reasoned that the proceedings should be conducted as a Less Adversarial Trial, dispensing with certain provisions of the Evidence Act 1995 to facilitate the admission of all material evidence, subject to its weight. The court emphasised the importance of full and frank disclosure from both parties regarding any facts relevant to the child's best interests. A Family Report was ordered to be prepared by Mr S, focusing on the child's needs, wishes, attachments, and each parent's capacity to meet those needs, as well as their ability to facilitate contact. The court also ordered the parties to attend counselling and to file their trial affidavits and case outlines by specified dates. The final orders included provisions for the child to spend time with the wife in Western Australia and reserved costs.