FATHER SEEKS FOR INCREASED TIME WITH THE CHILDREN TO DECREASE THE NUMBER OF CHANGEOVERS
Labeck & Calandros (No 2) [2021] FCCA 542 (19 February 2021)
This is a parenting application where the father seeks increased time with the children in order to decrease the number of changeovers since the children are showing signs of distress during changeovers due to the mother’s behavior during such changeovers.
Facts:
This is an application concerning two children, X and Y, who are four years and ten months and three years and eight months old respectively.
The father’s application in a case seeks to vary the existing time orders to provide for the children to spend three nights a week with the father, namely from Friday to Sunday night. The existing time orders provide for the two children to spend two nights a week with the father on non-consecutive nights, namely Wednesday and Friday nights.
Part of the apparent justification for the father’s application in a case is that there have been clear changeover difficulties, particularly with X. The notes from A Family Services indicate that X has, on a number of occasions, refused to go to her father at the time of changeover. Y, as it appears in recent times at least, has gone enthusiastically.
Part of the challenge, in this case has, been dealing with what appears to be evidence of the children’s anxiety about transitioning from the mother to the father. That has resulted in an order for non-consecutive nights during the week with the father.
The present recommendation of the family consultant is that the children should spend at least two nights a week with their father. This is articulated by the family consultant in the S.11F of the Family Law Act 1975 memorandum. This has been given effect to but it has become apparent that there are difficulties at changeover.
The A Family Services notes the suspicion that X, in particular, is reading verbal and non-verbal cues from the mother. It appears X interprets these cues as the mother not wishing her to transition to the father’s care.
Issue: Should the court grant the increased time and reduced number of changeovers sought by the father?
Law:
Analysis:
There is clear evidence that the child is interpreting the mother’s behaviour in a particular way. The changeovers are likely stressful, for X in particular, and the number of changeovers in the week should be decreased if possible. The mother ought to be removed from the changeover to see if that produces a more positive response from X. The notes make it clear that Y in recent times has transitioned to her father without difficulty and is enthusiastic about spending time with the father.
Conclusion: Court grants the father’s application.