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.
Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Donor limits Queensland: lesbian couples now one family

A lesbian couple using the same sperm donor should not become two families simply because both women want to carry a child. That is the straightforward principle behind Queensland Health’s reversal of its guidance on donor limits. The revised guidance recognises those women as one family for the purposes of Queensland’s donor limit. It removes… Read More »Donor limits Queensland: lesbian couples now one family

Page Provan Calls for Repeal of Surrogacy Parentage Regulation Changes

On 9 October 2026, our director Stephen Page wrote to the Attorney-General, the Hon Michelle Rowland MP, calling for the repeal of Part 3 of the Family Law Amendment (2026 Measures No. 1) Regulations 2026. If left in place, these regulations will remove the statutory presumptions that currently help establish the legal parentage of children… Read More »Page Provan Calls for Repeal of Surrogacy Parentage Regulation Changes

Australian Surrogacy Law Change: 3,000 Children’s Parentage at Risk

A change to Australia’s family law regulations threatens to remove an important layer of legal certainty for nearly 3,000 children born overseas through surrogacy. For their families, the issue is anything but technical. It concerns whether Australian law presumes that the people raising these children are their parents. The repeal of regulation 10.3 of the… Read More »Australian Surrogacy Law Change: 3,000 Children’s Parentage at Risk

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