Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 17 September 2016.
Jack and Jill married seven years ago. They have three children who are all under five years of age.
Jack and Jill’s relationship breaks down and Jack moves into share house accommodation.
Both parties are having difficulties dealing with the breakdown of their relationship and are under extreme financial stress.
Jack contacts Jill and asks her if the children can stay with him over the weekend.
Jill is concerned that the share house does not have a separate bedroom for the children, and because she is unsure who else will be staying in the house, refuses to allow the kids to stay with Jack.
Jack and Jill have an argument and she tells him not to contact her again.
Jack seeks legal advice and is advised that the children have the right to the benefit of a meaningful relationship with both parents in a safe and nurturing environment.
Jack is advised that before he can commence court action, seeking parenting orders, the parties must participate in a family dispute resolution conference (a mediation).
Jack is also advised, that if the mediation is unsuccessful, the first available date that the Federal Circuit Court of Australia will hear the matter is in four months’ time as the children are not ‘at risk’ and that he may be unable to spend time with his children during that time if he and Jill cannot agree.
Jack is further advised that it will take up to three years for the court to conduct a final hearing.
The mediation is conducted and because Jack does not want to wait such a long time for formal orders to see his children, he consents to an arrangement whereby he spends some time with the children during the day.
Jack feels that he has no option but to commence action in the Federal Circuit Court of Australia. He secures a rental property and after years of limited time with his children, the court ultimately orders that it is in the best interests of the children to grant him equal shared care with Jill.
