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Equal Time Interim - Child less than 12 months old

Rusden and Samson

This is an equal time (3 days about) Interim Judgement for a child less than 12 months old.


Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 

Achieving Equal Time where parents are in 'high confict' or there exists very 'poor communications'

Here is another equal time judgement.

The Barrister in my matter opposed equal time arguing that equal time required a good working relationship and communications between the parties.

The Mother and I had not spoken for 8 months until the hearing 2 days ago.

In the attached document, Thackeray CJ (WA) provides reasoning to overcome the rebuttal of 'poor communications' when equal time is sought.

The fact that it is a WA decision is not relevant.

This is what she says…

"153 The poor level of communication that currently exists between [the father] and [the mother] will pose challenges to them in implementing an equal shared care arrangement. I am not persuaded, however, that those difficulties are any greater than the difficulties that have been associated with the existing time sharing arrangement, which involves [Bella] moving to and fro between the homes of her parents on a number of occasions each fortnight. Nor do I consider that the challenges of implementing the equal shared time arrangement are significantly greater than those associated with the contact regime proposed by [the mother].

157 For these reasons, I have determined that a week about equal shared care arrangement is in [Bella]'s best interests and is reasonably practicable. I therefore propose to make orders generally as proposed by [the father]. Handovers will, where practicable, occur at [Bella]'s school, as this will minimise interaction between the two families and will reduce the significant stress that I consider [Bella] has felt at handovers in the past. On those occasions when handover cannot take place at school, handover can take place at the home of [the mother]'s grandparents."


I have a question about the first judgement, considering the extreme allegations that each parent levels at each other and this is only an interim what are the challanges that the parties would have to overcome. Is this the kind of case that results in shared care once all is said and done and evdiance is gathered.

What is the likely end result. What if the entrenched views do not change.

The judge admitted the phrase "sharing the risk" was probably an unfortunate summary of the  case.  


Han Solo routine "We're all fine here, thanks. How are you?" *weapons fire* "It was a boring conversation anyway!"
Thackeray CJ (WA) I saw was a he not she?
No-Justice said
Thackeray CJ (WA) I saw was a he not she?


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