Cope and Cope

This matter came before Judge Howard concerning property settlement and parenting arrangements for the parties, Mr and Ms Cope. The dispute involved the division of significant financial assets, including funds held by solicitors, real estate, and superannuation interests, as well as the determination of parental responsibility and time arrangements for the parties' three daughters.

The court was required to determine how the parties' property and financial resources should be divided, including the distribution of funds held in a controlled monies account, the disposition of a property known as Property W, and the allocation of a splittable payment from a superannuation fund. In relation to parenting, the court's primary task was to make orders regarding equal shared parental responsibility and the time the children would spend with each parent, always considering the paramount importance of the children's best interests.

In reaching its decision on parenting, the court applied sections 60CA and 60CC of the *Family Law Act 1975*. The court noted the expert opinion of Dr J, whose reports indicated that the children enjoyed a meaningful relationship with both parents and had not been subjected to abuse, neglect, or family violence. The court found that the benefit of a meaningful relationship with both parents was a primary consideration, and given the absence of harm, this consideration weighed heavily in favour of shared time. The court also considered the children's expressed wishes, as relayed by Dr J, regarding spending more time with their father.

The court made final orders regarding property, including the division of funds held by solicitors, the retention of Property W by the husband with an indemnity to the wife regarding the mortgage, and a specific entitlement for the wife from the husband's superannuation. The court also made detailed orders concerning parenting, establishing equal shared parental responsibility and outlining a specific schedule for the children to live with each parent, including during school terms, holidays, and specific family days. The orders also included provisions for communication between parents and children, information sharing regarding the children's schooling and health, and mutual restraints on denigration and uncivil communication.