DELAINE & ANDREW

In this matter before Dawe J, the court considered an acrimonious dispute between the parties concerning their children and the division of their property. The children, R and E, born in August 1993, had expressed strong wishes not to spend time with the husband, and the court noted their poor relationship with him. The proceedings also involved the determination of assets and liabilities in dispute, including the status of the wife’s relationship with her current husband.

The primary legal issues before the court were to determine with whom the children would live and spend time, and to make orders regarding the long-term care, welfare, and development of the children. Additionally, the court was required to determine the alteration of property interests between the parties, assessing their respective contributions and considering relevant factors under section 75(2) of the Family Law Act 1975 (Cth). The court also had to address the division of superannuation interests.

Dawe J ordered that the wife have sole parental responsibility for the long-term care, welfare, and development of the children, and that the children live with the wife. The court also made detailed orders for the children to spend time with the husband, balancing his time with the children against their expressed wishes and their relationship with him. In relation to property, the court assessed contributions at 52.5% in the wife's favour and made a further adjustment of 2.5% on account of section 75(2) factors. Superannuation was considered separately, with the wife retaining her superannuation interests. The court then made specific orders for the transfer of various properties, assets, and liabilities between the parties to give effect to the property settlement. The wife's applications for lump sum child support and spousal maintenance were dismissed, and the question of costs was reserved.