GABERT & GABERT

In the matter of *Gabert & Gabert*, Judge Burchardt of the Federal Circuit and Family Court of Australia considered parenting and property disputes between a mother and father concerning their two children, aged 10 and 6. The parenting dispute involved contested primary residence and time arrangements, with the court noting discrepancies in how each parent perceived the elder child's autism. The property dispute involved the wife seeking a significant portion of the asset pool, superannuation equalisation, and spousal maintenance, while the husband contended he was unable to pay maintenance.

The court was required to determine appropriate parenting orders for the children, including their residence and time spent with each parent, taking into account the family report and the Independent Children’s Lawyer’s recommendations. In relation to property, the court needed to decide on a just and equitable division of the parties' assets and address the wife's claim for spousal maintenance, considering the husband's financial capacity.

Regarding parenting, the father abandoned his claim for the children to reside with him during the hearing. The court ultimately made orders reflecting the proposals of the family report and the Independent Children’s Lawyer, establishing equal shared parental responsibility and ordering that the children live with the mother. The orders detailed specific time arrangements for the children to spend with the father, including during school terms and holidays, and outlined communication protocols and provisions for school-related matters. For the property division, the court found a 70/30 split in favour of the wife to be just and equitable, and determined that the husband was not able to pay spousal maintenance.