CRISP & CRISP

In the matter of CRISP & CRISP, Henderson J considered disputes between the parents concerning their four children, born between 2004 and 2011, and their property settlement. The children's living arrangements were a central focus, particularly given the high conflict between the parents and the fact that the older children were not spending any time with their father. The court also addressed the division of a small property pool, including a superannuation splitting order.

The primary legal issues before the court were how to establish a parenting arrangement that would serve the best interests of the children, specifically addressing the gradual reintroduction of the father into the younger children's lives with a view to achieving equal time, while also protecting all the children from ongoing parental conflict. Additionally, the court was required to determine the appropriate division of the parties' limited financial resources, including the allocation of superannuation interests.

Henderson J reasoned that a phased approach to increasing the children's time with their father was necessary to manage the high conflict and ensure the children's well-being. The court made orders for equal shared parental responsibility and a progressive increase in the younger children's time with the father, culminating in equal time by the second term of the school year in 2022. These orders included specific arrangements for school terms and long-term holidays, with provisions for the allocation of costs associated with the new school year. In relation to property, the court ordered the husband to pay a sum of $34,500 to the wife and made a superannuation splitting order, allocating a base amount of $50,000 from the husband's superannuation fund to the wife. Costs orders were also made against both parents.