CONNORS & TAYLOR

This case concerned parenting and property disputes between Ms Connors and Ms Taylor, who had two young daughters together. The primary parenting dispute involved determining the children's living arrangements and the extent of each party's parental responsibility, considering the children's attachments and the need for siblings to spend time together. The property dispute centred on the division of assets, including the family home, and whether legal fees incurred from post-separation income should be added back to the divisible pool. The matter was heard by Watts J.

The court was required to determine several key legal issues. In relation to parenting, the court needed to ascertain whether the non-birth mother was a "parent" for the purposes of the Family Law Act, assess the children's current attachments, and consider whether the siblings would spend time apart under proposed arrangements. The overarching question was what parenting arrangements would be in the children's best interests. Regarding property, the court had to decide whether legal fees paid from post-separation income should be subject to an add-back, consider the initial contributions of each party, and determine what constituted a just and equitable alteration of property interests, including the disposition of the family home.

In its determination, the court made orders for equal shared parental responsibility for both children, with each party having sole responsibility for day-to-day decisions when the children were in their care. A detailed schedule for the children's living arrangements was established, aiming for a balanced rotation between the parties during school terms and specific arrangements for school holidays, including Christmas and birthdays, to ensure the children spent time with both parents. The court also made comprehensive property orders, including the division of two properties, the discharge of certain loans, and the distribution of funds from the sale of one property. Specific provisions were made for the division of personal chattels and the allocation of liabilities.