Wynn & Wynn

In the Family Court of Australia at Adelaide, Mrs Wynn (applicant) and Mr Wynn (respondent) sought resolution of outstanding issues following extensive prior litigation. While the parties had reached consent orders on all major matters, a dispute remained regarding the responsibility and cost of transporting their children for the father's time with them, involving a 200km round trip.

The court was required to determine how the significant travel burden associated with the children spending time with their father would be shared between the parents. This issue was the sole remaining point of contention after the parties successfully negotiated compromises on all other significant disputes.

The court's reasoning was guided by the paramount consideration of the children's best interests, as mandated by section 60CA of the Family Law Act 1975 (Cth), and also had regard to the objects and principles in section 60B. While a detailed analysis of section 60CC was not deemed necessary, the court considered relevant factors including the practical difficulty and expense of the children spending time with their father, and the capacity of each parent to provide for the children's needs. The court ultimately proposed and accepted a compromise whereby the mother would undertake one in every four journeys associated with the handover, in exchange for the father agreeing to an earlier commencement time for his periods with the children. This arrangement was seen as balancing the father's desire for more time outside of travel with the significant financial, emotional, and physical costs borne by the mother as the primary caregiver. The court made consent orders reflecting this compromise, including specific arrangements for the commencement time of the father's time with the children and the collection and return of the children to each parent's premises.