CELAN & CELAN

In the matter of CELAN & CELAN, Loughnan J considered applications by both the mother and father concerning their children and spousal maintenance. The mother sought the return of the children to Sydney, having previously relocated with them. The father sought interim spousal maintenance. Additionally, an application was made for a departure from child support assessments.

The court was required to determine whether the children should be returned to Sydney, considering the factors outlined in s 60CC of the Family Law Act 1975 (Cth), particularly in light of one child's special needs and the practicability of the mother living in Sydney. The court also had to assess the mother's application for interim spousal maintenance, taking into account the father's earning capacity as a significant asset and the mother's extended absence from the paid workforce. Finally, the court needed to consider the application for child support departure under s 116 of the Child Support (Assessment) Act 1989 (Cth), requiring a finding of special circumstances for such a departure.

Regarding the children's living arrangements, the court found it would not be practicable for the mother to live in Sydney and therefore made no order for the children to return. For spousal maintenance, the court ordered the husband to pay the wife $1,000 per week by way of interim spousal maintenance, noting the father's earning capacity and the mother's long period out of the workforce. No order was made for child support departure as no grounds were established under s 116 of the Child Support (Assessment) Act 1989 (Cth). The orders also established a schedule for the children to spend time with each parent, including alternate weekends and half of school holidays, and provided for the children's representation. The husband was also restrained from selling further shares without providing the wife with two months' written notice.