Unsuccessful shared parenting appeal
23 April 2008
In Guinness and Guinness (2008) FLC 93-358 the father appealed against parenting orders made on the day before the Family Law Amendment (Shared Parental Responsibility) Act 2006 came into effect, the trial having taken place in October 2005.
The trial judge did not give reasons for his decision at the time he made the orders. Those reasons were given in January 2007.
On appeal, the father submitted the following:
- the trial judge erred in not taking into account the amendments made by the Family Law Amendment (Shared parental Responsibility) Act 2006
- it was unsafe to rely upon the trial judge's findings of fact in view of the delay in the delivery of the judgment, and
- the trial judge erred in imposing the conditions he did on the husband's time with the children.
The members of the full court found the trial judge ultimately delivered a lengthy judgment in which he made a thorough review of the evidence and provided a thoughtful analysis of the likely impact of the proposed orders on the welfare of the children.
Their Honours also found that the father could not be heard to complain about orders which he proposed at the trial and the conditions imposed were open to the trial judge on the evidence.
Their Honours dismissed the father's appeal.
Unsuccessful shared parenting appeal - Pre 2006 judgement appealed
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