ELLIS & ELLIS

In the matter of ELLIS & ELLIS, Judge Roberts of the Family Court of Australia considered applications by both the father and mother concerning their children and their property. The dispute involved the father seeking orders for equal time with the children, while the mother, a "born-again Christian," had strongly held beliefs regarding their upbringing, including homeschooling and overseas travel. Concurrently, the court addressed the division of the parties' assets, taking into account their respective contributions as breadwinner, homemaker, and parent, and applying the factors under section 75(2) of the Family Law Act 1975 to achieve a just and equitable settlement.

The court was required to determine the parenting arrangements for the three children, specifically addressing the father's request for equal time and the mother's concerns stemming from her religious beliefs and allegations of family violence. Furthermore, the court had to ascertain the asset pool for division and make orders for the property settlement between the parties, considering all relevant contributions and future circumstances. The court also had to decide on the children's schooling and whether they should be permitted to travel overseas.

Judge Roberts made orders for equal shared parental responsibility, with the children to live with the mother and spend time with the father on a detailed fortnightly and holiday schedule. The court also ordered that the children be enrolled at specific schools and permitted interstate and overseas travel with the children, provided specific notice requirements were met. In relation to property, the father was ordered to transfer his interest in a vacant land property to the mother, who would then indemnify him against any liabilities. The mother was also permitted to deal with funds in a specific bank account to the exclusion of the father, and all other property was to be retained by the party in possession, with all superannuation claims extinguished. The parties' applications for orders under Parts VII and VIII of the Family Law Act 1975 were otherwise dismissed.