Clayton and Clayton

This matter concerned applications by the mother and father regarding their child, X, and their property settlement. The court was required to make orders concerning parental responsibility, living arrangements, and time spent between the child and each parent. Additionally, the court was tasked with determining the division of the parties' property, including specific assets and financial contributions, and addressing spousal maintenance and child support.

The legal issues before the court included determining the most appropriate form of parental responsibility for the child, establishing a schedule for the child's living arrangements and time with each parent, and resolving the division of the parties' various assets and liabilities. The court also had to consider applications for spousal maintenance and a departure from the administrative assessment of child support. Furthermore, the court was required to make orders regarding the sale of a property if the husband failed to meet his financial obligations to the wife.

In relation to child matters, the court ordered that the mother have sole parental responsibility for the child, with specific provisions for the father to be advised in writing of proposed decisions and to have a limited opportunity to reply. The court then detailed a phased approach to the child's living arrangements and time with the father, commencing with more restricted contact and gradually increasing it as the child progresses through school. Orders were also made regarding communication between the father and child, and the allocation of time during special occasions such as Christmas and birthdays, with specific conditions to prevent interference with established holiday time. The court also made orders restraining denigration of either parent in the child's presence and requiring the parties to keep each other informed of their contact details.

Regarding property matters, the court ordered a division of assets, with the wife to retain certain specified assets and the husband to pay a sum of $194,395.00 within 30 days. If this payment was not made, specific properties were to be listed for sale, with detailed provisions for private treaty and auction sales, including the appointment of agents and auctioneers, and the distribution of proceeds. The court also ordered the husband to pay spousal maintenance of $100.00 per week for two years and made a departure from the administrative assessment of child support, fixing the liable parent's child support income at $100,000.00 for a specified period. The father's application to remove the child from Australia for a holiday was dismissed.