Darley & Darley (No. 2)

In the matter of *Darley & Darley (No. 2)*, Hogan J of the Family Court of Australia determined parenting and property settlement issues between the parties. The dispute involved each parent seeking that the children, aged nine and twelve, live primarily with them. Additionally, the parties sought a resolution regarding the division of their property following their cohabitation of nearly eleven years.

The court was required to determine with whom the children would live, whether they would have equal shared parental responsibility, and the specific arrangements for the children to spend time with each parent. In relation to property, the court needed to make orders for the just and equitable distribution of assets, including the former matrimonial home, and otherwise determine how each party would retain their respective possessions.

The court ordered that the children live with the mother and that both parents have equal shared parental responsibility for major long-term issues. Specific arrangements were made for the children to spend time with the father, including alternate weekends and periods during school holidays, with detailed provisions for consultation and daily decision-making. In terms of property, the court ordered that the parties share equally in the net sale proceeds of the former matrimonial home, with a trustee for sale previously appointed to facilitate this. Otherwise, each party was to retain the property in their possession.