BARBARY & BARBARY

Case

[2016] FCCA 1895

26 July 2016


Details
AGLC Case Decision Date
BARBARY & BARBARY [2016] FCCA 1895 [2016] FCCA 1895 26 July 2016

CaseChat Overview and Summary

This case concerned an application for parenting and property orders between the Applicant Wife and the Respondent Husband concerning their two children, X and Y, and their marital assets. The court was required to determine the best interests of the children, including the extent of parental responsibility and the time each parent would spend with them, and to make a just and equitable division of the parties' property.

The court considered the children's views in relation to the parenting orders, and the weight to be attached to those views. In relation to the property settlement, the court assessed the contributions of each party and whether any adjustment was warranted under section 75(2) of the *Family Law Act 1975* (Cth) in favour of the wife.

The court ordered equal shared parental responsibility for the children, with the children to live with the Wife and spend time with the Husband on a detailed schedule, including alternate weekends, Tuesday evenings during school terms, and specific periods during school holidays and on birthdays. The court also made detailed orders for the division of property, including the transfer of a property to the Wife, a monetary payment from the Husband to the Wife, and the allocation of various assets and debts to each party. The court further appointed the Registrar or Deputy Registrar to execute documents if a party failed to do so and included provisions for communication, notification of medical issues, and restrictions on discussing proceedings with the children or denigrating the other parent.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Remedies

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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

4

Stanford v Stanford [2012] HCA 52
Singer v Berghouse [1994] HCA 40
Hickey & Hickey [2003] FamCA 395