Delaney & Delaney

This matter concerned parenting orders and property orders made by Le Poer Trench J. The dispute involved the parents of two children, K and H, regarding the living arrangements and shared responsibilities for the children, as well as the division of their former matrimonial home and other assets.

The court was required to determine the specific terms of parenting orders, including the children's living arrangements on a week-about basis, equal shared parental responsibility, and arrangements for school holidays and special days such as Christmas and birthdays. Additionally, the court had to make property orders concerning the sale of the former matrimonial home, the distribution of sale proceeds, and the ownership of superannuation entitlements and other assets. The court also addressed communication protocols between the parents and restrictions on derogatory comments about a parent.

In relation to parenting, the court ordered a week-about living arrangement for the children during school terms, with specific changeover times and venues. Equal shared parental responsibility was ordered, and detailed provisions were made for holiday periods, including Christmas and birthdays, to ensure time spent with both parents. The court also imposed restrictions on the maternal grandmother's unsupervised time with the children and prohibited derogatory statements about the father. Both parents were directed to attend a community-based organisation to improve their communication skills.

For property, the court ordered the former matrimonial home to be listed for sale by public auction within 21 days, with specific provisions for agent appointment, reserve price, and solicitor engagement. The proceeds of sale were to be distributed after payment of expenses, commissions, legal costs, mortgage repayments, and outstanding rates, with 77% allocated to the wife and the balance to the husband. The husband was granted occupation of the home pending sale and was to pay associated outgoings. Each party was declared the sole legal and beneficial owner of their respective superannuation entitlements and all other property currently in their possession or control, and solely responsible for their respective liabilities.