Winter and Winter

In *Winter and Winter*, Justice Fowler of the Family Court of Australia considered applications by the mother and father for a departure from an administrative assessment of child support. The proceedings also involved the determination of parenting arrangements for the parties' two children, O and R.

The central legal issues before the court were whether the circumstances warranted a departure from the child support assessment and, crucially, what parenting orders should be made concerning the children's living arrangements, time spent with each parent, and related matters such as communication, health, and education. The court was also required to consider financial support obligations between the parents.

Justice Fowler dismissed the applications for departure from the child support assessment. The court made orders establishing equal shared parental responsibility for the children's long-term care, welfare, and development. The children were ordered to live with the mother, with specific provisions for the father to spend time with them on alternate weekends, Thursday evenings during school terms, and half of all school holidays, with detailed arrangements for the division of holiday periods. Further orders addressed time spent with each parent on special occasions, including Easter, Mother's Day, Father's Day, and the children's birthdays, as well as provisions for significant family events. The court also stipulated that each parent would be responsible for the children's day-to-day care while they were with them, ensuring unrestricted communication with the other parent, and requiring notification of serious accidents or illnesses, and consultation on medical and educational matters.

Finally, the court ordered the husband to pay the wife $1,200 per week, payable fortnightly, for a period of three years. The orders also incorporated details regarding contravention consequences and assistance for compliance, as set out in an attached Fact Sheet.