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Barker & Barker - Equal "Spends Time" with Dad who also has "Sole Parental Responsibilty"

A finely balanced Judgement ordering Equall time and Sole Resposibility to one Parent

FM Henderson must have read FM Altobelli's comments "The courts need to paint with a fine brush".

The basics:

2 Children, Girl, 9 and Boy, 5.

Boy 5 has development issues.

Mother wishes to relocate from Sydney to Melbourne with shared care possible there.

Father has long rethink and based on what he has learned and the evidence prior to and during trial amends application to have children live with him.

FM Henderson has reviewed the evidence, decided the Mother is an unreliable witness (even calling her a liar at one point).

The Judgement has the children spending time with the father for 6 out of 14 nights and an extra 4 weeks for annual leave, no allowance for half school holidays. Effectively equal time.

Further, because the mother has been remiss in following up on both her own health issues and that of the children, sole responsibility for long term decisions has been given to the father.

This is truly a decision that has been designed to allow for a number of conflicting concepts while still protecting the legal rights of the children. What I would call a very good "Real World" decision.

Definitely worth reading.


For me - Shared Parenting is a Reality - Maybe it can be for you too!
I'm liking it. I just hope we can get as good a result when the time comes.

It's about high time that it was recognised that the best carer of children is gender neutral and is in fact the one who is actually doing the consistent, hard yards.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
I totally agree Artemis. The social bias that one gender is a better carer of children than the other needs to be addressed. It is obvious that equal parenting and the associated responsibilities would not be available if that were the case. Correct me if I am wrong here. From the Judgements I have read there is still a stigma of overwhelming bias towards one gender even in our "enlightened and advanced society" today
Yes Rooster the system is still learning to walk but has come a long way from what I went through 4 years back, considering the new stumbling block of a new government who could be associated with bias this is an exceptional ruling in the right direction once again and is another step.

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