Family law – Children - Parenting orders - Section 60CA of the Family Law Act 1975 (Cth) makes "best interests of the child" paramount consideration when making parenting order - Section 61DA(1) provides presumption that equal shared parental responsibility in best interests of child - Section 65DAA requires court to consider whether child spending equal, or "substantial and significant", time with each parent is "reasonably practicable" - Where order required that child spend equal time with each parent - Where order made on basis that parents would live in Mt Isa - Where living in Mt Isa contrary to wishes of mother - Whether spending equal time with each parent reasonably practicable - Significance of circumstances of mother - Relationship between best interests of the child and reasonably practicable - Whether order valid.
Words and phrases – "equal time parenting", "reasonably practicable".
Family Law Act 1975 (Cth) – Pt VII, ss 61DA, 65D, 65DAA.
Judgment date
Case number
B44/2009
Before
French CJ, Gummow, Hayne, Kiefel, Bell JJ
Catchwords