FADEN & FADEN

In the matter of FADEN & FADEN, Le Poer Trench J of the Family Court of Australia considered parenting and property settlement disputes between the parents of four children. The parenting dispute arose from significant hostility and distrust between the parents, with the two older children expressing a wish to live with the father. The property settlement concerned assets accumulated during a 13-year cohabitation, where the father had a higher earning capacity and the mother primarily managed domestic duties and childcare, also making substantial financial contributions from an inheritance.

The court was required to determine orders for the children's living arrangements, parental responsibility, and time spent with each parent, with a primary consideration being the best interests of the children. In relation to property, the court needed to assess the contributions of each party to the marriage and determine an equitable distribution of their assets, including the former matrimonial home and various business interests, as well as superannuation entitlements.

Regarding parenting, the court made orders for each parent to exercise sole parental responsibility for two of the four children, with the two older children to live with the father and the two younger children to live with the mother. Specific provisions were made for communication between parents regarding long-term welfare decisions for the children, and for the children to spend time with the non-resident parent, with particular attention paid to the children's views as they attained the age of 14. In the property settlement, the court assessed the contributions at 73 per cent to the mother and 27 per cent to the father, making a further adjustment of 2 per cent in favour of the mother to account for the father's higher income and the mother's health and employment circumstances. The parties agreed that the mother would retain 100 per cent of the parties' superannuation entitlements. The court also made detailed orders regarding the transfer of the former matrimonial home to the mother, the sale of business shares, the discharge of liabilities, and the division of proceeds, with the intention that the mother would have no further interest in certain trusts and companies, and the father would retain remaining interests.