Consent Order for Equal Time Discharged upon Commencement of Primary School

Case of Meyer & Shipton (No. 2) [2013] FCCA 2198 (19 December 2013)

There had been a consent order in place for the parties’ son for three years, providing the parties’ for equal access, despite the parties living approximately one hour’s drive from each other.

This worked well, but when the son was due to begin primary school both parents sought the order’s variation so that the child live with them.

The Court gave significant weight to the family report writer’s view that the mother “was genuine in her belief that X was a ‘boy’s boy’ who was very close to his dad”. Accordingly, Judge Brown discharged the original consent order and ordered that the child live with the father and spend substantial and significant time with the mother.

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