Henley and Upton

In the matter of *Henley and Upton*, Young J of the Family Court of Australia made orders concerning the parenting and property of the parties. The dispute involved arrangements for the children of the marriage, O and G, and the division of their financial assets.

The court was required to determine parenting orders, including the discharge of previous orders, the establishment of equal shared parental responsibility, and a detailed schedule for the children's living arrangements with each parent. Additionally, the court needed to make orders regarding the children's passports, overseas travel, and provisions for alternative care. The court also addressed the need for ongoing counselling for the parents and the Independent Children's Lawyer's role in drug testing and reporting. In relation to property, the court was tasked with discharging previous financial orders and determining the division of assets, including a property at E, and the allocation of liabilities.

Young J ordered the discharge of all previous parenting orders and established equal shared parental responsibility for the children. A detailed schedule was set for the children to live with each parent during school terms and holidays, including provisions for long summer holidays and specific arrangements for Father's Day and Mother's Day. The court also made orders concerning the children's passports, overseas travel, and the primary option for care if a parent is unable to care for the children. Furthermore, orders were made for the parties to attend counselling for a period of nine months, with the Independent Children's Lawyer to receive reports on their progress. The court also mandated supervised urine screens for illicit drugs, with specific consequences for non-compliance or positive results, including the suspension of time with the children.

In respect of property, previous financial orders were discharged. The husband was ordered to pay the wife $120,000 by a specified date, and contemporaneously, the wife was to transfer her interest in the E property to the husband. The husband was to refinance the mortgage on the E property and indemnify the wife against all related liabilities. Provisions were made for the sale of the E property if the payment was not made by the due date, with a specific order of application of sale proceeds. The husband was granted sole occupation of the E property pending payment or sale, with obligations to pay the mortgage and outgoings. The court also allocated responsibility for certain debts owed to the husband's family and a Dr L to the husband, and debts owed to the wife's parents to the wife. Arrears of child support owing by the wife were discharged, and child support assessments for both parties were set at nil for the period until the youngest child turned 18, provided equal care arrangements continued. Finally, each party was to retain their existing property and superannuation, with specific provisions for joint bank accounts and furniture. Each party was ordered to pay their own costs.