Carlisle and Carlisle

[2017] FCCA 1956

FEDERAL CIRCUIT COURT OF AUSTRALIA

CARLISLE & CARLISLE [2017] FCCA 1956

Catchwords:
FAMILY LAW – Parenting – property.

Legislation:

Family Law Act 1975

Applicant: MS CARLISLE

Respondent: MR CARLISLE

File Number: SYC 431 of 2017

Judgment of: Judge Henderson

Hearing date: 27 July 2017

Date of Last Submission: 27 July 2017

Delivered at: Sydney

Delivered on: 3 August 2017

REPRESENTATION

Counsel for the Applicant: Mr Dura

Solicitors for the Applicant: Hamish Cumming Family Lawyers

Counsel for the Respondent: Mr Livingstone

Solicitors for the Respondent: Lorne Havenstein Lawyer

Counsel for the Independent Children's Lawyer: Mr Christaki

Solicitors for the Independent Children's Lawyer: Legal Aid NSW Sydney Central Family Law

ORDERS

Parenting

1. Order 2 of the interim consent orders made 7 March 2017 be discharged.

1. The children X, born (omitted) 2008, and Y, born (omitted) 2012 (“the children”) spend time with the father:

   a.Each Wednesday from the conclusion of school to 7:30pm that day, with the father to return the child to the mother’s home.

   b.By consent, from 10am Saturday 29 July 2017 until before school Monday 31 July 2017, and each alternate weekend thereafter;

BY CONSENT:

1. From the commencement of Term 4 2017 from the conclusion of school on Friday, or 3pm in the event of a non-school day, to the commencement of school on Monday, or 9am in the event of a non-school day;

2. Half of the school holidays at the conclusion of Term 3 2017 as follows:

   a.   Block period of 4 nights being from 9am on the first Monday to 5 pm of the following Friday: and

   b.    Block period of 3 nights being from 9am on the second Thursday to 5pm on the following Sunday.

3. During the school holidays at the conclusion of Term 4 for three block periods of 5 days such block not to be concurrent with each other and for the following periods:-

   a.   From 9am on 16 December to 5pm 21 December 2017;

   b.   From 2pm on 2 January to 5pm on 7 January 2018; and

c.   From 9am to 15 January to 5pm on 20 January 2018.

1. From Term 1, 2018 for one week each school holiday period at the conclusion of Term 1, 2, 3 commencing from 5pm on the first Sunday to 5pm on the following Sunday.

2. On Father’s Day if the children are not otherwise in his care, from 6pm on the Saturday preceding Father’s Day Sunday until the commencement on school on the following Monday.

3. On the Father’s birthday, (omitted) 2017 if the children are not otherwise in his care, from 6pm on (omitted) at 4pm.

4. At Christmas 2017 from 2pm Christmas Day until 2pm Boxing Day.

10.If the children are not otherwise in the Mother’s care on Mother’s Day weekend the time in paragraph 2(a) above will be suspended from 6pm on the Saturday preceding Mother’s Day until the commencement of school the following Monday

11.Each parent do all acts and thing necessary to facilitate communication between the children and the father each Thursday between the hours of 5:30pm and 6pm commencing Thursday, 26 July 2017.

12.Each party is hereby restrained from consuming illicit drugs or alcohol over the legally prescribed concentration of alcohol (currently 0.05) in the presence of the children or within 12 hours of spending time with the children.

13.The mother notify the father of any medical or therapy appointments (including the date and time for the appointment) for either children within 24 hours of such appointment being made.

14.The mother provide to the father any medical, therapy or update reports in relation to either children within 7 days of receiving such report.

15.In the event that either of the children becomes distressed in the care of the father, the father will facilitate the children telephoning their mother.

16.The interim orders made on 7 March 2017 otherwise continue, pending further order.

Notation:

1. For the purposes of these orders the Father’s time with the children as provided for in orders 2(a) and 2(b) above shall be suspended during school holidays and resume on the first weekend of each school term.

Property

THE COURT ORDERS BY CONSENT:

Sale of property and interim distribution

17.That the parties forthwith do all acts and sign all documents necessary to effect the sale of the property situate at Property A in the State of New South Wales (“the Property A property”) and for that purpose the following shall apply:

a.The property shall be listed for sale by private treaty or auction (as may be recommended by the Agent) with such real estate agent as is agreed between the parties and failing agreement within forty-two (42) days from the date of these orders the real estate agent will be nominated by the president/CEO of the real estate institution at the request of the parties or either of them;

b.The list price of the property shall be an amount as agreed between the parties and failing agreement within forty-two (42) days of the date of these orders the list price will be as nominated by the real estate agent;

c.The parties are to cooperate in every way with the real estate agent in relation to the marketing of the property for sale including making the key readily available, allowing inspection of the property at all times reasonably requested by the agent and ensuring that the property is clean, neat and in good condition at the time of inspection by any prospective buyer;

d.That upon agreement being reached for the sale of the property the parties shall execute the contract of sale and all other documents necessary to complete the sale of the property including all transfer documents forthwith upon its submission to them by the agent of their solicitor;

e.The proceeds of sale shall be paid in the following manner and priority:

i.To discharge the mortgage to (omitted) Bank;  

ii.Payment of the estate agent’s commission and advertising and other expenses, if any, payable on the sale;

iii.Payment of legal costs relating to the sale;

iv.Payment of outstanding utilities and rates;

v.Payments of $100,000 to each of the parties; and

vi.The balance of the proceeds be paid to the Trust Account of Hamish Cumming Family Lawyers with such funds to remain in that account pending further Order.

18.If the Property A property is not sold by private treaty on or before six (6) months from the date of this Order than the parties shall do all acts and things as are necessary to sell the property by auction and the following shall apply:

a.   The property shall be listed with an agent appointed under Order 17(a)  (“the auctioneer”) for sale by auction within a further three (3) months;

b.   The parties shall execute all documents requested by the auctioneer for sale of the property by auction;

c.   The reserve price of the property shall be such an amount as is agreed to between the parties and failing agreement being reached between the parties twenty-one (21) prior to the auction, then the reserve price shall be nominated by the auctioneer;

d.   The parties shall each pay to the auctioneer one half of any sums requested for advertising or auction expenses and if one of the parties pays all the expenses, that party shall be reimbursed from the proceeds of sale in respect of one half such payments before any division between the parties;

e.   The parties shall give instructions as are necessary to a solicitor to prepare a contract of sale and provide it to the auctioneer prior to the auction no later than the date sought by the auctioneer.

f.   The parties agree to cooperate in every other way with the auctioneer in relation to the sale by auction including allowing inspection of the property at all times reasonably requested by the auctioneer and ensuring that the property is clean, neat and in good order at the time of any inspection and on the day of the auction;

g.   That the parties or their nominee attend at the auction and negotiate with the highest bidder in the event of reserve price not being reached.

h.   The sale price of the property shall be any amount in excess of the reserve price but in the event of the reserve price not being reached the sale price of the property shall be such amount as is agreed between the parties or failing agreement any offer received after the auction to buy the property at a price that is at least ninety percent (90%) of the reserve price shall be accepted by the parties;

i.    That upon agreement being reached for the sale of the property, orders 17(d) and 17(e) shall apply.

19. In the event that the property is not sold at auction or within fourteen (14) days after the date of the auction by further negotiation, then the parties shall cause a further auction of the property to be held within four (4) months after the date of the first auction and for that purpose the provisions of order 2 shall apply.

THE COURT FURTHER ORDERS:

20. That, pending further Order, and by way of periodic spouse maintenance pursuant to section 74 of the Family Law Act 1975, the Husband shall pay to the wife, by way of cleared funds:

a.   The sum of $350 per week until such time as the Wife is required to pay market rental or until 31 December 2017, whichever is the earlier;

b.   Thereafter, the sum of $900.00 per week. 

21. The spouse maintenance payable by the Husband to the Wife pursuant to Order 4 shall be paid as follows;

a.   Weekly on a Monday commencing on the first Monday after the date of these orders; and

b.   By way of electronic funds transfer into a bank account nominated by the Wife and advised to the Husband’s solicitors in writing or as agreed.

Lump Sum Spouse Maintenance

22. That by way of lump sum spouse maintenance pursuant to section 74 of the Family Law Act 1975, the Husband shall pay to the Wife, by way of cleared funds from the net proceeds of sale:

a.    The sum of $10,000 for moving costs and rental bond and rent in advance.

Interim Costs

23. The Wife be paid the sum of $50,000 for her initial costs and disbursements in relation to these proceedings from the proceeds of sale of Property A on settlement of the said sale.

24. The Wife is to receive an additional $15,000 by way of interim property orders towards the purchase of a motor vehicle.

IT IS NOTED that publication of this judgment under the pseudonym Carlisle & Carlisle is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYC 431 of 2017

MS CARLISLE

Applicant

And

MR CARLISLE

Respondent

REASONS FOR JUDGMENT

1. This is the matter of Carlisle.

2. It was an interim hearing heard on 27 July 2017. Mr Dura of counsel appeared for the wife, Mr Livingstone of counsel for the husband, who is the respondent, and Ms Huda, the Independent Children’s Lawyer, although she turned into Mr Christaki halfway through the proceedings.

3. The issues for me were as follows:

   a)Firstly the time that the children were to spend with their father – and the children are X, born (omitted) 2008, and Y, born (omitted) 2012. There’s no issue other than that these children should be spending time with their father, and that the parents are loving and capable parents;

   b)Secondly, interim costs to be paid to each party. The parties agree to sell their former matrimonial home; and

   c)Thirdly, the wife’s application for ongoing maintenance and lump sum spouse maintenance.

4. The material filed by the wife was voluminous and as follows:

   a)Amended application – the second one filed 5 June 2017;

   b)Financial statement of the same date;

   c)The affidavit of 5 June was large. It had 50 pages of exhibits;

   d)Affidavit of 3 July 2017 which had a bundle of exhibits consisting of 99 pages; and

   e)A case outline and a minute of the various orders sought.

5. For the father, the husband:

   a)A response, affidavit and financial statement filed 6 July 2017; and

   b)Case outline and the minute of orders he sought.

6. The child dispute memorandum dated 7 July 2017 was read and which states, happily for the children:

   The mother said the time that the children spend with their father is all positive, and that the children are loved by each of their parents.

7. So there are no issues in that sense for these children and their mother and father.

8. Mercifully, the parties agreed on many aspects as follows:

9. Effectively, they agreed on the parenting arrangements to be in place with some minor differences which I am to determine, and that’s effectively whether it’s Wednesday overnight or Wednesday until dinner time. Otherwise, they agreed on holidays, special days and all sorts of issues to their absolute credit.

10. They agreed that the matrimonial home be sold and each would receive $100,000 by way of an interim property distribution to assist them to accommodate themselves and to pursue this application if they cannot otherwise settle it.

11. That the husband will continue to pay $300 a week to the wife pending a child support assessment being made.

12. That the Court would characterise what this payment was about, although the father does call it child support in his financial statement.

13. Dealing with the parenting order in dispute: helpfully, counsel handed up identical orders with their handwritten differences, and in relation to the parenting issues it was really just Wednesday night, as I am able to make, by consent orders 1, 2, 2.1,not 2.1(a), 2.2, 2.3, 2.31, 2.32, and 2.4, 2.4.1, 2.4.2, 2.4.3 which were incorrectly described in the minute of orders as 2.31, 2.3.2 and 2.3.3 together with orders 2.5, 2.6, 2.7, 2.8, orders 3 to 9 and notation (a) contained in the minute of order handed to me.

14. So the issue in dispute was the father’s request for overnight time from Wednesday or Thursday, whichever night really suited the mother, to school – pre-school the following day. The mother initially wanted only alternate weekend time. The mother and Independent Children's Lawyer conceded a Wednesday evening for a meal only from after school would be appropriate.

15. I had expressed my concern that the children were moving from a one night a week regime of time with their dad to two nights a fortnight regime of time, and that not seeing their father weekly as they had been used to may have been a negative consequence for them, and a Wednesday evening was one way of adjusting and accommodating that change.

16. The Independent Children's Lawyer and mother accepted this position but did not support overnight time for the following reasons.

17. X is a child with special needs and requires consistency, certainty, calm and harmony, and frequent change is not in his best interest. He struggles at school, although he is bright. He has auditory and sensory processing issues, and he undergoes speech therapy every Thursday afternoon. He struggles to communicate or connect with his peers, and there is a description of him having difficulties in understanding where his body is, using his eyes and his feeling and his sense of touch and the like.

18. The various paediatric reports attached to the mother’s affidavit commence in 2014. The last one is 24 July 2017. The reports are from various paediatricians – Dr I at Kidspace, Dr L, Dr J and Dr H.

19. X, at time, hears voices. He has motor ticks. He can be irritated by certain clothing on his body. He is anxious. He is easily alarmed. He sometimes he struggles with positioning of his body.

20. The earlier reports of X state that:

    X has good potential despite his complex challenges. The earlier identification with his issues and the large array of well-recognised therapists and therapies he’s undergoing mean overall he will have good prospects to achieve. His academic progress needs careful attention, and controlling his angst and his anxiety when he makes an error is a significant factor for him at school.

21. By 24 April 2017, Dr I’s report says X had demonstrated improvements in all his areas with participation in – on consistent and ongoing basis his interventions and that he will continue to make gains if he continues his occupational therapy, his mental health therapy and continues the family supports he has around him. That he needs a consistent regime which must be carried out on a consistent and ongoing basis. He concludes that what X needed was frequency, intensity and consistency of his interventions.

22. The reality is that the mother has provided these interventions for X, and she is the driver of his very extensive array of therapies, which are assisting him to flourish and develop as he ages. The father has been the main breadwinner. There is no criticism. The wife has worked, at times, for which I commend her given X’s needs, and she works as an (occupation omitted); a high demand but low paid job.

23. Of concern for me was the father’s, perhaps, positon about his son’s needs when I read his paragraphs 18 to paragraphs 33 of his affidavit filed 22 July 2017.

24. For example, paragraph 19, he says:

    I agree with the matter that X has been seeing specialists, but for minor OCD symptoms. It’s difficult to distinguish whether it’s anxiety that contributes to the OCD or vice versa, both being treated at the same time.

    18:

    X is a lovely, well-mannered, gentle boy. He has been moving between specialists for some time. He has been seeing doctors every second or third week, but not every week.

25. Paragraph 22, the father is talking about games that X is meant to play and the parents are meant to engage with him to assist in his anxieties and dealing with people and interacting with people:

    At times I’ve tried to assist, but Ms Carlisle has been critical of me. She’s got the background in (employment omitted) and says she’s the expert.

26. Most concerning to me is the father’s position set out in his material, in many paragraphs that he has never seen the behaviours that the mother sees when the father is caring for him. That X doesn’t behave as the mother describes, that he is unaware of any issues regarding voices that X says he hears in his head:

    I’ve seen him play with friends when he has them over, such as (omitted). I’ve never had problems brushing his hair, other than I haven’t brushed it the right way. I’ve no issue with him asking to wipe his face. My mother has never had these problems. I never found him to be a fussy eater. It’s normal for children to like all sorts of foods. I’ve never forced X to eat foot he doesn’t want to eat.

27. The father refutes the mother’s allegations of the father’s treatment of the child:

    And we should slowly build up his confidence. I’ve never found difficulties putting him to sleep, arranging his pillows, checking his crystals, rubbing moisturiser on his body. He has never experienced separation anxiety. There have been no issues with either X or Y in putting them to sleep.

28. Paragraph 32:

    While X has some difficulties, I’m confident he will work through them with both his parents’ assistance. I’m sure that if he were in my care I would ensure his treatments would continue, would get the great benefit for interaction with his dad and the exercises.

29. Y has some special needs. She has had significant infections as a young age – urinary tract and other infections. The father says the mother forgot to apply cream. Y clearly has separation anxiety from her mother. However, Y’s special needs – if they are be that are nothing in comparison to X’s special needs.

30. Neither of these children is physically or emotionally robust, and they require better than average parenting, it seems to me. The father would do well to get on board with his son’s special needs by reading the several reports attached to the mother’s affidavit, attending as many appointments as he can – and I accept that is difficult given his work and his commitment to work, which is admirable – and praising the outstanding commitment his wife has shown to maximising his children’s potential, whilst he engages in the equally important role of financial providing for his family.

1. The father veiled insinuations that he experiences nothing of X and Y’s needs that the mother experiences and tells me several things.

2. The first: it supports the mother’s case that she has been their primary carer and involved in their care, and that would be the case given the father’s work commitments and, at many times, overseas work commitments.

3. Secondly, it supports the mother’s position that the husband is somewhat sceptical of the level of his children’s special needs and does not really see them as the mother sees them, and Mr Livingstone almost made that submission, although not quite.

4. The mother herself suffers from depression and anxiety, and she has suffered from that and continues to do so. However, despite that, she parents these children to a very high degree, and at a very high level indeed.

5. The father’s conduct at separation in requesting the mother and children leave the home – and these are his words – as that was “easier for him” did him no credit, and again supports the mother’s concerns and her position that at times the father does not understand the children’s needs and does not put them to the fore, which clearly the mother always does.

6. If any children needed to stay in their matrimonial home for as long as possible, pending a final resolution or an interim resolution, these two children did. Yet the father did not even consider the impact on his children of moving out, which will have caused them since separation, perhaps, to move four times if the mother has to move again in December to commercially rateable accommodation.

7. The father’s focus was clearly, at that time, on the monetary issues and not on the children, and perhaps in hindsight he would agree that that was not the best approach, however, what this tells me is that the mother clearly knows her children best, and if she is of the view that Wednesday evening is what they can cope with and not a Wednesday overnight, then I will follow her lead.

8. The mother is the children’s closest emotional attachment. She has always had and continues to have their welfare as her paramount consideration, and her depth of knowledge of their particular needs and behaviours is superior to the father’s, and therefore I will make the order that she seeks, which is that the children have Wednesday after school with their father, being dinner, with the father to collect and return the children to the mother no later than 7.30 pm Wednesday night.

9. The father agrees he will collect X from school at take him to (hobby omitted), which is an excellent thing, on Wednesday, and he, Y and X will have a meal together.

10. Going now to the financial matters. The parties agree to place the home on the market for sale and pay each other $100,000. The husband says he will continue to pay $300 a week to the mother until there is an assessment of child support.

11. The wife seeks he pay her $900 per week spousal maintenance from about 31 December 2017 or when she is required to pay market rental as she is currently in a subsidised rental situation.

12. Secondly, forthwith, $350 a week to pay the rent she currently pays.

13. Thirdly, $25,000 lump sum maintenance to buy a car for herself, pay rental bond and moving costs when she has to move.

14. Finally, $50,000 in legal costs.

15. Going to the maintenance issues: I am satisfied the wife is a spouse due to the care of the children, now in a separated situation, who is unable to support herself adequately and although she has skills in the area of (occupation omitted), it is a low-paid job for reasons that escape me. The mother says she will return to work in 2018 when Y is at school, and at best that would be work at a part time level as she did prior to separation, giving her about $634 a week less tax of $100 or so; about $534 or so net a week, she may be able to earn, if she returns to work.

16. Today the wife clearly fulfils the threshold as a spouse unable to provide adequately for herself due if for no other reason the care of children of the marriage who have special needs.

17. The husband’s income is gross $3228 per week, less his tax of $1392 is about $2000 net per week. At that level the husband’s income is four times greater than the wife’s, and given she, at this moment, has no income it’s 100 per cent greater than the wife’s.

18. X and to a lesser extent Y, have special needs, and the mother’s expert care of the children have had a significant negative impact on her capacity to maintain work, even at a part time basis since separation, and to work at a higher remuneration. That is clear to me. The wife has had an unmet maintenance claim since separation in about November 2016, when the husband demanded and she acquiesced to leaving the home with the children.

19. The husband’s submission that he has paid $300 a week to the wife for three months and she has not used that money was specious. The reality was he put a $3000 into an account the wife can access at the end of June 2017. He had not paid her $300 per week, and the wife can use that money now and will use that as she sees fit.

20. However, apart from that lump sum payment, the husband paid nothing towards the support of the wife or the children since 6 November 2016. The failure of the husband to support the wife and the children is palpable. The wife’s request for a payment of $350 a week now, as she has subsidise rent, is irresistible as is her application for $900 a week rent when she has to go to the private rental market. It’s made out on the evidence that I’ve just referred to and the fact, that she is today, a spouse who is unable to support herself due to the care of children and she has no assets or incomes. She is penniless.

21. The question for me is can the husband pay these sums to the wife?

22. Going now to his financial statement: there are errors in his financial statement which I in no way say were deliberate; however, they do affect the ultimate totals, and those errors are as follows as are the changes as I will effect.

23. He did not include in his income his yearly bonus of some $33,342 last year, for example, gross, used by him to pay his legal fees; a luxury the wife does not enjoy. That bonus, amortised over 12 months, is about $2778 a month.

24. If I allow him $1000 a month tax on that is at least $1700 to $1800 a month or $444 net per week. When added to the husband’s net income. Less tax this increases his disposal income to $2444 a week.

25. The husband does not pay the superannuation of $310 per week; his employer pays that. Adding that brings his disposal income to $2750 per week.

26. The husband sold the car. The wife is without a car with two young children. He no longer has a lease payment of $254 per week. This increases his disposable income to $3000 per week.

27. The husband is not paying the loan to Mr K of $92 a week, increasing his net income to $3100 a week.

28. Going to part N expenses claimed by the husband

29. The wife claims $250 a week food for three people; herself and two children, who have been effectively living with her almost full time. The husband claims the same amount for himself and children he has one day and one night a week. Clearly the husband is enjoying a higher standard of living than the wife, and I will reduce this claim to $175 per week.

30. He says he spends $100 on children’s activities for one day and one night. The wife spends $100 and she has the children effectively full time. I will reduce that claim to $50.

31. Husband says he has entertainment of $80 a week; the wife says $50. I will reduce his entertainment to that which the wife spends of $50.

32. Those changes reduce his weekly discretionary expenses by $155 a week.

33. Adding that to the net income I have assessed is income at $3200 per week.

34. What are his necessary expenses?

35. I have already deducted tax.

36. He has to pay the mortgage of $650 and that would be an amount he may have to pay for private rental, so that will remain.

37. Health insurance at $33 and (omitted) credit card of $50.

38. Child support of $300 and rates and taxes and the like which is a higher sum of some $300 a week about $1300 a month.

39. These are his fixed expenses of $1333.

40. I have reduced his part N expenses to $928 a week which added to his fixed expenses is expenses is $2200 per week fixed expenses. They are necessary expenses that the husband has to pay, although I note of course he will not have to pay such large levies and taxes when he is renting a property.

41. Currently he has $2200 fixed expenses with a net income of $3200 or $1000 a week of excess income over expenses. He can clearly pay the wife $350 per week now and he can continue to pay the $300 a week child support.

42. I find on the evidence before me and that I have been generous in relation to allowances to him and what his the bonus actually is and the tax rate of that bonus that he will also have capacity to pay $900 a week to the wife by way of spousal maintenance when she moves to rental accommodation and the home is sold.

43. The wife’s counsel put forward a proposal that if she obtained a job spousal maintenance would decrease on a range. That was not accepted by the husband and indeed no submissions were made to me on that point, so I will just leave the amount at $900 per week and I find that the husband has that capacity to pay the wife having made out that need.

44. As to the other matters.

45. The wife’s case for a car is made out. She has the full time care of two young children and clearly needs a motor vehicle. It is an essential in this modern day and age. The wife seeks $15,000 and I will allow her that sum given the parties are to sell their home; however, I do not see that that sum is a maintenance issue, rather an interim property issue. I will allow her the additional $15,000 by way of interim property for a car, and this she will receive the sum of $115,000 by way of interim property.

46. As to moving costs, rental bond and the like, the wife has also made out her case for that.

47. The wife is effectively penniless. The reality is the husband has not supported the wife or his children since separation and he knew, for example there was outstanding child care fees and didn’t pay them. He only paid $3000 in June 2017.

48. He paid no ongoing maintenance, no child support and any assertion that paying a joint mortgage and outgoings on a home that he lives in is a benefit is not paying for the support of your children and your wife under the Family Law Act[1] as I see it. The wife is, as I’ve said, effectively penniless. Her wealth is tied up in the house the home she vacated in November 2016. The wife does not have the income the husband has.

    [1] Family Law Act 1975 (Cth).

49. Thus her bond and four weeks rent ought be paid by way of a maintenance order from part of the net proceeds of sale of the former matrimonial home, which has been assessed at $10,000 and this is a reasonable sum, and I will make that order.

50. In relation to the interim costs order, the wife seeks $50,000. The reality is that the wife has no other money other than that what is in the home. Unlike the husband who was able to pay his legal costs from his bonus and income the wife cannot. She has clearly made out her case for that claim.

51. There is a fund available, which is the net proceeds of sale of the former matrimonial home, and I will make that interim costs order in addition.

I certify that the preceding eighty-one (81) paragraphs are a true copy of the reasons for judgment of Judge Henderson

Date: 5 September 2017