GILLIGAN & GILLIGAN

In the matter of *Gilligan & Gilligan*, the husband sought interim parenting orders to extend his time with the children and remove the supervision requirement for that time. The wife sought a partial property settlement order, further funds to complete works on the former matrimonial home, and interim spousal maintenance. The court was presided over by Watts J.

The legal issues before the court concerned whether to vary existing interim parenting orders to allow for increased time with the husband, and whether to grant the wife's applications for a partial property settlement, funds for home renovations, and spousal maintenance. Specifically, the court had to determine if the husband's mental health issues and a related ADVO warranted a modification rather than an extension of his time with the children, and if sufficient capital funds existed to justify a partial property settlement.

Watts J reasoned that while the husband's mental health issues and the ADVO made it inappropriate to extend his unsupervised time with the children on an interim basis, a modification of the supervision condition was permissible. The court ordered that the husband's time with the children would now occur in the presence of his parents, rather than being supervised by them, and dismissed his application for extended time. Regarding property, the court found that capital funds were available and it was just and equitable to make a partial property settlement order of $40,000 and an additional $25,750 plus GST for home renovations. The court also ordered the husband to pay $187 per week in spousal maintenance and to continue making all regular repayments for the former matrimonial home.