BOLT & BOLT

In the matter of *BOLT & BOLT*, Judge Williams of the Family Court of Australia considered a dispute between a husband and wife concerning parenting and property matters. The wife sought permission to relocate with the parties' two young children to Tasmania, while the husband opposed this move and also contested the proposed division of property.

The court was required to determine two primary legal issues. Firstly, whether the mother should be permitted to relocate the children interstate, and if so, how the children's relationships with the father would be maintained. Secondly, the court had to consider the adjustment of property interests under section 75(2) of the *Family Law Act 1975*, including the weight to be accorded to each party's respective contributions to the marriage.

Regarding the relocation, the court found that the orders it intended to make would enable both parties to adequately maintain themselves and that the husband's child support obligations were being met. The court acknowledged the parties had adopted traditional roles, with the wife as homemaker and primary caregiver, and the husband as the main income earner. Despite the husband's argument for a 60/40 split of contributions based on his initial and ongoing financial input, the court was persuaded by submissions that the parties' contributions should be determined as equal, given the length of the marriage and the wife's care of the children. The court ultimately ordered that the wife be permitted to relocate the children to Tasmania, with specific arrangements for the husband's time with the children to facilitate the maintenance of their relationship.

The court also made orders regarding the division of property. The wife was to receive a payment of $343,222, and in return, would transfer her interest in the former matrimonial home to the husband. Provision was made for the sale of the home if the payment was not made, with specific priorities for the distribution of proceeds. Further orders addressed the wife's entitlement from the husband's superannuation fund.