Ellery and Ellery

The case of Ellery and Ellery concerned children's and property orders made by Watts J. The dispute involved the arrangements for the three sons of the marriage, born in 1993, 1995, and 1998, and the division of the parties' assets and liabilities.

The court was required to determine the specific terms of the parenting orders, including the living arrangements for the children, the allocation of time between the parents during school terms and holidays, and provisions for special occasions such as Mother's Day, Father's Day, and birthdays. Additionally, the court had to make orders regarding the division of property, including the former matrimonial home, vehicles, bank accounts, and other assets, as well as the allocation of various debts and liabilities between the parties.

Watts J made detailed orders concerning the children's living arrangements, stipulating a complex pattern of weekend and mid-week time with the father, and outlining specific arrangements for school holidays. The court also included orders restraining each parent from denigrating the other in the presence of the children and clarified that each parent would have responsibility for the children's daily care during their respective periods of possession, while jointly exercising responsibility for long-term care. In relation to property, the court ordered the husband to pay a sum of money to the wife and to transfer his interest in the former matrimonial home to her. The wife was to indemnify the husband in relation to the mortgage on the home. Various other assets and liabilities were divided between the parties, with specific indemnities provided for certain debts. The court also appointed the Registrar of the Family Court to execute documents if a party refused to do so.