Gabriel and Gabriel (No 2)

In *Gabriel and Gabriel (No 2)*, Rees J of the Federal Circuit Court of Australia considered applications concerning children's living arrangements, property settlement, and child support. The husband sought a week-about arrangement for the parties' two children, aged 10 and 15, which the wife opposed. The children currently spent five nights per fortnight with the husband. The wife also applied for a departure from the child support assessment, citing special circumstances.

The court was required to determine the most appropriate living arrangements for the children, considering their ages, their positive relationships with both parents, the husband's serious illness, and expert recommendations. Additionally, the court had to decide on the division of the parties' net asset pool, taking into account the husband's significant financial contributions, including substantial parental assistance, and his continued earning capacity during the marriage, contrasted with the wife's role as primary caregiver and her current pursuit of tertiary education without income. Finally, the court needed to assess whether special circumstances justified a departure from the assessed child support payments.

Rees J ordered equal shared parental responsibility for the children. While the husband sought a week-about arrangement and the expert recommended significant but not equal time, the court ordered that the children spend six nights per fortnight with the husband, detailing specific arrangements for school terms, holidays, and special days. Regarding property, the court ordered that the wife receive 33% of the net asset pool, with a 5% adjustment in her favour under section 75(2) of the *Family Law Act 1975* (Cth) to account for her circumstances. The wife's application for a child support departure order was dismissed, as the court found the children's costs were not excessive and the father had paid child support as assessed, with neither party earning an income.