Dabrowa and Dabrowa and Ors

This case concerned parenting and property adjustment orders made by Stevenson J in the Family Court of Australia. The parties involved were the husband and wife, their three children, Mr D, White & Associates, Ms C Dabrowa, and the Independent Children’s Lawyer. The dispute involved the parental responsibility for the children, the division of property, and the repayment of debts.

The court was required to determine several legal issues. Firstly, it needed to make orders regarding the parental responsibility for the children, their living arrangements, and the mother's ability to travel overseas with them. Secondly, the court had to address the claim of Ms C Dabrowa for a ninety-five percent interest in the net proceeds of sale of a property. Thirdly, the court was tasked with altering the property interests as between the husband and wife, including the distribution of funds held in a Legal Aid NSW trust account.

Stevenson J applied principles of family law to resolve the dispute. In relation to parenting, the court made orders for the mother to have sole parental responsibility and for the children to live with her, with her being permitted to remove them from Australia for holidays and to obtain passports without the father's consent. These parenting orders were consented to by the Applicant and the Independent Children’s Lawyer, with the First Respondent’s Case Guardian abiding by the court's decision. Regarding property, the court set aside a deed entered into between the first and second respondents pursuant to section 106B of the Family Law Act, finding it would defeat the wife's claim for alteration of property interests. The court was satisfied that it was just and equitable to make orders for the alteration of property interests, noting the parties' separation of almost seven years and the need for an end to their financial entanglement. The court considered the contributions of both parties, with the wife being the primary homemaker and parent and solely responsible for the children's financial support since separation, while the husband made a significant direct financial contribution from an inheritance. The court ultimately ordered the distribution of funds from the Legal Aid NSW trust account, allocating specific amounts to Mr D, White & Associates, Ms C Dabrowa, the wife, and the Case Guardian, with the balance to the husband, resulting in a division of approximately thirty-seven percent to the wife and sixty-three percent to the husband. The court also appointed the Registrar to execute documents if either party failed to comply with the orders.