ELLARD & ELLARD

In the matter of *Ellard & Ellard*, Judge Small of the Federal Circuit Court of Australia considered parenting and property disputes between the parents of two young children. The parenting dispute concerned the mother's alleged psychiatric condition and its impact on her care of the children, and with whom the children should live. The property dispute involved the just and equitable settlement of the parties' assets and liabilities, including a debt the husband allegedly owed his brother.

The court was required to determine the best interests of the children in relation to their living arrangements and parental responsibility, and to make orders regarding the division of the parties' property. Specifically, the court had to assess the mother's mental health and its implications for the children's welfare, and to decide whether the husband's alleged debt to his brother should be factored into the property settlement.

Judge Small ordered that the parents have equal shared parental responsibility for the children, but that the children shall live with the father. The mother was granted specific time with the children, including alternate weekends, half of school holidays, and specific arrangements for Christmas and birthdays, with detailed provisions for communication. The court also made orders restraining both parties from denigrating the other in the presence of the children and from discussing the proceedings with them. In relation to property, the husband was ordered to pay the wife $14,082 within 42 days, in exchange for which the wife was to withdraw a caveat over a property which the husband would retain. If the payment was not made, the property was to be sold, with proceeds applied first to sale costs, then to discharge encumbrances, then to the outstanding payment to the wife with interest, and the remainder to the husband. The husband was to have occupation of the property pending payment or sale and was responsible for outgoings. Other property was to be divided with specific proportions for joint bank accounts, and each party was to retain their sole property and be liable for their own debts, foregoing claims to inheritances or superannuation.