DUCLOS & DUCLOS

In the matter of DUCLOS & DUCLOS, the wife sought interim orders for sole parental responsibility regarding the children's education and health, which the husband opposed. The husband sought to increase his time with the children from two nights a fortnight to five nights a fortnight and for the children to spend half of each school holiday period with each parent. The wife raised concerns about the adequacy of the husband's supervision and judgment regarding the children's safety.

The court was required to determine whether equal shared parental responsibility was in the children's best interests on an interim basis, and to make orders regarding the time the children would spend with each parent, including during school holidays. The court also considered applications relating to interim spousal maintenance, where the wife sought an increase in payments due to increased expenses and temporary employment, and the husband sought the discharge of existing orders, while controlling all matrimonial assets.

Watts J found that it was in the children's best interests and reasonably practicable for them to spend five nights a fortnight with the husband, and that equal shared parental responsibility should be ordered on an interim basis. The court noted the children's good relationships with both parents and their expressed desire to see more of their father. Regarding the property and spousal maintenance applications, both parties' applications were dismissed.

Consequently, the court made orders for equal shared parental responsibility, with the children to live with the wife and spend significant time with the husband during school terms and equal time during school holidays. The court also dismissed the husband's application to vary existing orders and the wife's application for an increase in spousal maintenance.