Shared care: not reasonably practicable

Shared care: not reasonably practicable

In a recent case, Wainder and Wainder a trial judge ordered that the parties share the care of the their son on an equal basis after he turned 5. The only snag was that by then he would be going to school, with the mother living on Sydney’s north shore, and the father living in the western suburbs. Not surprisingly, the mother appealed, and was successful:

  1. It may be implicit in his Honour’s order that the child spend equal time with her parents in 2012, that he was satisfied that that arrangement was reasonably practicable within the construct of s 65DAA(5). However the trial Judge’s comments … appear to us to be an acknowledgement that the proposed order to come into force in 2012 may not be reasonably practicable if the parties were living in their present locations.
  2. The order impugned is open ended and would, without further litigation, extend throughout the child’s school life. Where the court proposes to make orders stretching into the future, the consideration of whether a proposed order is reasonably practicable should focus on the date of enlivenment of the order. The trial Judge is required to make a prediction at the date of trial on the evidence then before him or her as to whether at the date on which the order takes effect, it will be practicable or “feasible”.
  3. Although his Honour paid careful attention to the matters in s 60CC and thereby determined that the proposed order for equal time was in the child’s best interests, he did not proceed to determine whether, on the evidence available to him, the order for equal time would be reasonably practicable once the child started school, and in this respect, fell into error.
Things to Read, Watch & Listen

Embracing Wellness in Your Daily Routine for Fertility

American guest author Ashley Taylor has written an interest article about having a holistic approach to maintaining your health and addressing fertility issues: In the journey toward maintaining your health and addressing fertility issues, embracing a holistic approach is key. Wellness is more than just a goal; it’s a sustainable lifestyle that intertwines various aspects… Read More »Embracing Wellness in Your Daily Routine for Fertility

Consultation open: Queensland Assisted reproductive technology industry

The Regulation of Assisted Reproductive Technology Services Consultation Paper is now available and open for feedback until 25 February 2024. This follows the Minister for Health, Mental Health and Ambulance Services and Minister for Women’s commitment to regulate the assisted reproductive technology (ART) industry in Queensland by 2024. The paper is designed to help inform considerations for regulating… Read More »Consultation open: Queensland Assisted reproductive technology industry

Honouring Excellence in the Legal Profession: Queensland Law Society President’s Medal

The Queensland Law Society (QLS) President’s Medal holds significant prestige within the legal profession as it recognises exceptional solicitors who have made remarkable contributions to their field and the community. Last year, the Director of Page Provan, Stephen Page, was bestowed with this esteemed award, which is carefully judged on service to the community, legal… Read More »Honouring Excellence in the Legal Profession: Queensland Law Society President’s Medal

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board