VPN v VPO

Parties

Procedural Posture

Family Justice Courts Variation Applications Concerning Custody, Care and Control, Access and Child Maintenance / Grounds of Decision/judgment Disposing of Variation and Related Applications

Legal Issues

1. 1 Whether there has been a material change warranting variation of maintenance
2. 2 Whether care and control should be reversed to the Father
3. 3 Whether a penal notice and parental alienation prohibitions are warranted

Ratio Decidendi

Father’s applications seeking reversal of care and control, broad prohibitions and a penal notice directed solely at the Mother were dismissed; Mother retains sole care and control and sole authority over day‑to‑day educational enrichment (with limited consultative rights for tuition), healthcare decision boundaries were allocated to preserve mother’s day‑to‑day authority while hospitalisation/surgery remains joint custody, access regime was restructured (modified regular access, detailed school vacation and holiday sharing, no make‑up access, overseas travel notice and limited video call rights), and child maintenance was converted to a fixed backdated sum payable by the Father...

Court Disposition

Applications partly allowed and partly dismissed: Father’s variation of maintenance granted in part by conversion to fixed backdated maintenance and phased increase; Father’s application to reverse care and control and many of his education/health authority claims dismissed; Mother retained sole care and control and...

Orders

• Parties have joint custody; Mother retains sole care and control of the Child.
• Mother is sole point of contact for primary and secondary school, and has sole authority over excursions and school‑organized activities; choice of secondary school and subjects remain joint custody.