FULTON & CARDONA

In the matter of Fulton & Cardona, heard by Rees J, the court considered disputes concerning parental responsibility for a child and property settlement between the parties. The father sought equal shared parental responsibility, while the mother sought sole parental responsibility. In relation to property, the parties sought to divide their assets and liabilities.

The legal issues before the court were whether the presumption of equal shared parental responsibility should be rebutted in light of allegations of family violence and the child's expressed views, and how the parties' property should be divided, considering their respective contributions and other relevant factors. The court was required to assess the impact of the husband's period of unemployment due to injury and allegations of financial waste by the husband on the property settlement.

Rees J determined that the presumption of equal shared parental responsibility was rebutted due to the presence of family violence and, significantly, the strong views of the 15-year-old child who did not wish for the father to be involved in her life. The court gave substantial weight to the child's views. In the property settlement, the court found the parties' contributions to be equal but made a 7.5 per cent adjustment in favour of the wife, who had primary care of the child, and also considered the husband's period of unemployment. The court made orders for the wife to have sole parental responsibility for the child and detailed provisions for the division of funds, the former matrimonial home, and jointly owned shares, including an opportunity for the husband to buy out the wife's interest in the former matrimonial home.