BENWORTH & BENWORTH

In this matter before Rose J, the parties, Benworth and Benworth, presented a dispute concerning parenting arrangements for their child, M, property settlement, and spousal maintenance. The mother sought orders for M to live with her in London, United Kingdom, while the father sought orders regarding his time with the child and property division. The mother also sought spousal maintenance.

The court was required to determine the best interests of the child, M, in relation to proposed parenting orders, specifically addressing the mother's application to relocate with the child to London. Concurrently, the court had to assess the parties' respective contributions and consider adjustments under section 75(2) of the Family Law Act 1975 for the property settlement. Finally, the court needed to determine whether the father had the capacity to pay spousal maintenance as sought by the mother.

Rose J made orders for equal shared parental responsibility for the long-term care, welfare, and development of the child, with the child to live with the mother. However, the mother's application for the child to live with her in London was dismissed, with detailed provisions made for the father's time with the child, including during school terms, holidays, and other specific occasions, as well as communication arrangements. The court also made orders for the property settlement, including the transfer of a Sydney property to the father upon payment of a sum to the mother, and the transfer of a London property to the mother. The mother's application for spousal maintenance was dismissed.