AZ v BX

Parties

Procedural Posture

Family Law Appeal / Appeal Judgment

Legal Issues

1. 1 Whether the trial judge erred in failing to provide a default mechanism for holiday arrangements in a child arrangements order where parents are in conflict
2. 2 Whether the trial judge erred in failing to make orders regarding special days (birthdays, religious festivals)
3. 3 Whether the trial judge erred in making a 'lives with/spend time with' order rather than a shared lives with order

Ratio Decidendi

The trial judge was wrong to leave holiday arrangements to parental agreement without a default mechanism, given his findings that the parents could not work together. He was also wrong to make a 'lives with/spend time with' order rather than a shared lives with order, as this gave one parent undue control and did not reflect the children's welfare needs. The appeal is allowed on these grounds; the order is substituted with a shared lives with order and a defined default holiday arrangement.

Court Disposition

Appeal allowed in part; orders substituted

Orders

• Lives with/spend time with order set aside and replaced with a shared lives with order: the children shall live with both parents and divide their time as set out in the new order.
• During all school holidays, the children shall live with each parent for an equal number of nights, dates and times to be agreed in writing six weeks before each holiday; in default, specified alternating arrangements apply.