Drewett & Drewett

In the Family Court of Australia, Cronin J considered a dispute between a husband and wife concerning their children and property. The husband sought a week-about parenting arrangement for their two children, C and N. The wife's inheritance received after separation was a significant factor in the property settlement, and the court also addressed issues relating to "add backs" in the property division.

The court was required to determine the most appropriate parenting arrangements for the children, specifically whether the husband's proposed week-about time was in their best interests, considering the available medical evidence. In relation to property, the court needed to assess the parties' initial contributions, the impact of the wife's post-separation inheritance, and how to deal with any "add backs" in the property pool.

Cronin J ordered that the husband and wife have equal shared parental responsibility for the children. However, the court did not order the week-about arrangement sought by the husband, finding it not to be in the children's best interests based on the medical evidence presented. Instead, a detailed schedule of living arrangements was established, with the children primarily living with the wife but spending significant time with the husband on alternate weekends and during specific periods. For the property settlement, the court ordered the husband to pay a sum to the wife and each party was to retain other assets in their possession, save for superannuation. The husband was also ordered to indemnify the wife for a capital gains tax liability, and a specific sum was to be paid to the wife from the husband's superannuation interest.