BARTEK & BARTEK

In the Family Court of Australia, Ms Bartek (the wife) and Mr Bartek (the husband) sought final parenting and property orders. The primary dispute concerned the amount of time the parties' two children, aged 11 and with special needs, would spend with the husband during school terms. The court also addressed competing applications for property settlement concerning a relatively small property pool.

The court was required to determine the specific parenting arrangements for the children, particularly the time they would spend with the husband during school terms, and to make orders regarding the division of the parties' property. The court also considered the wife's role as the primary caregiver for the children and the parties' respective contributions to the marriage.

The court made orders by consent regarding equal shared parental responsibility and for the children to live with the wife. The dispute regarding the children's time with the husband during school terms was resolved by adopting the proposal of the Independent Children’s Lawyer and the mother, resulting in an order for the children to spend four nights per fortnight with the husband during school terms. In relation to property, the court assessed the parties' contributions over their more than 20-year marriage as equal, but made a 10 per cent adjustment in favour of the wife, acknowledging her role as primary caregiver. The court ordered that the wife transfer her interest in the matrimonial home to the husband upon his making a lump sum payment, with an alternative order for sale in the event of default. The parties also consented to an equal split of the husband's superannuation.