Ambler & Ambler

This case concerned parenting and property disputes between a father and mother. The mother sought an order for equal shared parental responsibility and an increase in her time with the children, who had been under the father's sole parental responsibility since 2011. The parties also sought a division of their modest property following a short marriage.

The court was required to determine whether granting the mother equal shared parental responsibility and increasing her time with the children would be in the children's best interests. Additionally, the court had to determine an appropriate division of the parties' property, considering their direct and indirect contributions.

In relation to parenting, the court found that it was not in the children's best interests to order equal shared parental responsibility or to significantly increase the mother's time. The court ordered that the father retain sole parental responsibility and that the children live with him. The orders detailed specific times for the children to spend with and communicate with the mother, including during school terms, holidays, and on specific occasions. The court also made detailed provisions regarding the exchange of information about the children's health and education, and prohibited denigration of the parties. The court expressly prohibited the mother from taking the children to most health professionals, except in a bona fide medical emergency. Regarding property, the court divided the assets, including real and personal property, on the basis of 61.5% to the husband and 38.5% to the wife, taking into account the majority of financial and non-financial contributions made by the husband. The orders specified which assets each party would retain, including various properties, vehicles, and bank accounts, and directed the husband to remove a caveat and ensure the wife's vehicle was roadworthy.