Baker and Baker

In *Baker and Baker*, heard by Macmillan J, the parties sought final orders by consent concerning parenting arrangements for their two children, B and C, and the division of their property. The dispute involved the practicalities of shared parental responsibility, including the children's living arrangements, holiday schedules, communication protocols, and restrictions on parental conduct. Additionally, the parties sought to resolve their financial relationship through a property settlement.

The court was required to determine the specific terms of the parenting orders, including the division of time between the parents during school terms and holidays, and to make orders regarding the children's birthdays and communication with parents. Furthermore, the court needed to finalise the property settlement, which involved a significant payment from the Wife to the Husband and the transfer of interests in various properties and vehicles. The court also had to consider orders restraining certain behaviours between the parties and ensuring the children's welfare and educational needs were met.

The court made orders by consent, reflecting the agreement of the parties on all matters. These orders established equal shared parental responsibility and a detailed schedule for the children's living arrangements, alternating between the Husband and Wife on a two-week cycle during school terms, with specific provisions for holidays, birthdays, and special occasions. The orders also included prohibitions against harassment, denigration, and questioning the children about the other parent, and mandated specific communication methods. In relation to property, the Wife was ordered to pay the Husband $740,000 and transfer interests in properties, with a specific allocation of capital gain on the sale of one property. The parties were to retain other assets in their possession, and the Wife was to pay outstanding school fees.