COAD & MORDEN

In the matter of COAD & MORDEN, Judge Carter of the Family Court of Australia considered parenting and property disputes between the parties. The parenting dispute concerned the mother's application to relocate with the children to Town A, and the father's contributions to the children's care post-separation. The property dispute involved disagreements regarding contributions, capital gains tax liabilities, and the disposition of the former matrimonial home.

The court was required to determine whether the relocation of the children to Town A was in their best interests, considering the father's role in their lives. In relation to property, the court needed to assess the parties' respective contributions, address the capital gains tax implications arising from the sale of a unit, and make orders that were just and equitable for the division of the parties' assets, including the former matrimonial home.

The court's reasoning in the parenting matter focused on the best interests of the children, ultimately permitting the relocation to Town A from the conclusion of the 2019 school year. This decision was accompanied by detailed orders regarding equal shared parental responsibility, the children living with the mother, and a phased approach to the children spending time with the father, transitioning to a new schedule from the first term of 2020. In the property proceedings, the court made orders that reflected a just and equitable division. The father was to retain the former matrimonial home, subject to a payment to the mother by a specified date, with provisions for sale if this payment was not made. The parties were to retain their respective savings and superannuation entitlements, with specific orders made for a rollout from a self-managed superannuation fund for the benefit of the mother. The court noted its satisfaction that the property orders represented a just and equitable division.