Sydney, NSW -- (SBWIRE) -- 10/31/2013 -- The courts presided on a case involving an application by a father to spend more time with his daughter. The mother opposes the application of the mother and would like the current arrangements to be continued. The Court granted the application of the father by granting that the parties will exercise equal shared parental responsibility. The Court ordered that the father will spend substantial and significant time with his daughter and specified the periods during which he is to spend time with his daughter.
The parties are parents to a girl born on March 16, 1999. They separated when their daughter was only 8 months old and since then the child has been living with her mother. The time that the father spent with his daughter was by way of court orders. On July 6, 2004 the father filed a Form 1 and Form 2 application for orders that he should spend more time with his daughter. The mother opposed the father’s application arguing that there were no changes in circumstances that warrant a review of the existing orders.
The Court found that the child was a witness to the violence between her mother and the latter’s former boyfriend (Kim). However, the Court appreciated the noteworthy effort of the mother in single handed raising the child the times when the father failed to provide financial support. Still, the Court said that the mother failed in her duties as a parent when she does not encourage the relationship of the child with her father.
The Court awarded equal shared parental responsibility having not found any circumstances that rebuts the application of the presumption. The child was not a victim of family violence and there is no child abuse. However, the Court considered equal shared arrangement might be difficult to implement because the child is closer to the mother and the parties don’t communicate well with each other. Thus, the Court awarded to the father substantial and significant time spent with his daughter.
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