FAMILY LAW – CHILDREN – Best interestsPROPERTY SETTLEMENT – Just and equitable

This matter concerned parenting arrangements and property settlement between Ms Stables and Mr Torbeck concerning their child, X. The proceedings were before Hogan J.

The court was required to determine the best interests of the child, X, and to make orders regarding her living arrangements, parental responsibility, and communication with each parent. Additionally, the court was tasked with making a just and equitable property settlement between the parties, including the disposition of a property located in City H.

In relation to parenting, the court discharged all previous parenting plans and orders, establishing equal shared parental responsibility for long-term issues. The orders detailed a phased approach to X's living arrangements, transitioning from alternate weeks with each parent to a two-week cycle, with specific provisions for communication, holidays, birthdays, and travel. The court also made orders regarding the parents' obligations to keep each other informed, to ensure X's welfare, and to refrain from denigrating each other. For the property settlement, the court ordered the transfer of the City H property to Mr Torbeck, subject to him refinancing the existing mortgage. If refinancing was not possible, the property was to be sold, with specific provisions for listing, sale price, costs, and the distribution of proceeds, allocating 70% to Mr Torbeck and 30% to Ms Stables after the discharge of the mortgage. The remaining assets were to be retained by each party respectively, with specific items to be transferred from Ms Stables to Mr Torbeck.