ANMAR & DEMERLY

In this matter before Purdon-Sully J, the court was asked to resolve four outstanding issues between the parents concerning their children, X and Y, and to make orders regarding the division of their property. The parenting dispute involved the children's religious upbringing, with the mother being Muslim and the father Christian, and the children having been raised as Christians. The court also considered the likely impact of any changes on the children, their cultural backgrounds, the parents' co-parenting relationship, and their participation in extra-curricular activities. In relation to property, the court was required to address balance sheet issues, having assessed the parties' contributions as equal, but noting a disparity in their income-earning capacities.

The court was required to determine the specific arrangements for the children's time with each parent, particularly around special occasions like Christmas and Easter, and to make orders regarding their involvement in extra-curricular activities. Furthermore, the court had to decide on the division of the parties' assets and liabilities, including various companies, superannuation entitlements, a share portfolio, bank accounts, jewellery, personal possessions, and a property. A significant issue was the wife's application for a departure order concerning child support.

In its reasoning, the court made detailed orders for the division of time between the parents for Christmas and Easter, aiming to provide a structured approach to these special occasions. Regarding extra-curricular activities, the court allowed each parent to enrol a child in one activity annually in the absence of agreement, with a specific restriction on the father regarding soccer. In the property division, the court ordered an adjustment of 60% to the wife and 40% to the husband, reflecting the disparity in their income-earning capacities, and ordered that the wife retain the family home. The court also made a departure order regarding child support, reducing the administrative assessment to $75 per week per child, with provision for annual indexation, and further stipulated that the husband would be responsible for a significant portion of the children's educational and medical expenses.

The court made orders reflecting these determinations, including the specific arrangements for the children's time with each parent, the division of property with the wife retaining the home and receiving a payment from the husband, and a departure from the standard child support assessment with additional non-periodic child support obligations for the husband. The court also appointed the Registrar to execute necessary documents if either party failed to do so.