Ashforth & Ashforth

In the matter of *Ashforth & Ashforth*, Justice Fowler of the Family Court of Australia considered parenting and property disputes between the parents of a child, E. The father, who is employed by the British public service and usually resides overseas, sought orders regarding his time with the child and the division of property. The mother sought sole parental responsibility and spousal maintenance, and also applied for a departure from the administrative assessment of child support.

The court was required to determine the living arrangements for the child, E, and the extent of time the father, who resides overseas, should spend with the child. Additionally, the court had to address the division of property, considering whether to adopt a global or asset-by-asset approach, and determine the father's capacity to pay spousal maintenance, given his submission that he could not afford to do so. The court also considered the mother's application for a departure from the child support assessment.

Justice Fowler ordered that the child, E, live with the mother, with each parent sharing responsibility for the child's day-to-day care and development. The father was granted specific periods of time with the child, with detailed arrangements for future contact, including provisions for when the father is in Australia for extended periods and for overseas travel with the child. The court declared the father the legal and beneficial owner of certain UK properties and ordered the sale of another UK property, with the proceeds to be divided, 90% to the mother and 10% to the father. The mother's applications for spousal maintenance and a departure from the child support assessment were dismissed.