COLGAN & COLGAN

This case concerned parenting and property disputes between the mother and father of two children, K and L. The mother sought sole parental responsibility, while the father sought equal shared parental responsibility. The parties also disagreed on the amount of time the children would spend with the father. In relation to property, the principal asset was a controlled monies account held by the husband's solicitors.

The court was required to determine the appropriate orders for parental responsibility, considering the presumption of equal shared parental responsibility and the presence of family violence. It also needed to decide the extent of time the children would spend with each parent, taking into account past family violence and positive reports of the children's time with their father. Finally, the court had to determine the division of the parties' property, including the controlled monies account, considering their respective contributions and future earning capacities.

Regarding parenting, the court found that the presumption of equal shared parental responsibility did not apply due to family violence. Despite the parties' poor relationship and conflict, and a court expert's recommendation against equal shared responsibility, the court acknowledged the children would benefit from the father's input. Consequently, the mother was granted sole parental responsibility, with an obligation to consult the father on decisions. The court also made orders for the children to spend four nights per fortnight with the father, noting positive reports of their time together and the father's proposed schedule aligning with the court expert's recommendation. In property matters, the court assessed contributions at 53% to the wife and 47% to the husband, making a 10% adjustment in favour of the wife due to her primary care of the children and her greater initial contribution.

The court ordered the husband to pay the wife $319,767 from the controlled monies account within 14 days. The wife was declared the sole owner of funds in her controlled monies account and the registration of a motor vehicle. Both parties were declared sole owners of other property and superannuation, and solely liable for their respective debts. The parenting orders included specific arrangements for time spent, communication, and the exchange of information regarding the children's schooling and health.