HILL & WATERS

The matter before Watts J concerned parenting and property disputes between the applicant mother and respondent father. The parenting proceedings were undefended, with the father seeking substantial and significant time with the children. Both the family consultant and the Independent Children’s Lawyer supported this, opining that increased time with the father was necessary to strengthen the children's previously strained relationship with him. The property proceedings were also undefended, with the husband seeking a division of assets favouring the wife by 70 percent to 30 percent.

The court was required to determine the appropriate parenting orders to facilitate the children spending time with their father, considering their strained relationship and the recommendations of the family consultant and Independent Children’s Lawyer. In relation to property, the court needed to assess whether the proposed division of assets was just and equitable, taking into account the parties' contributions during the marriage, the wife's ongoing primary care of the children, and the husband's superior earning capacity.

In parenting, the court made orders for equal shared parental responsibility, with the children to live with the mother. Specific arrangements were made for the children to spend increasing time with the father, commencing from March 2015, with provisions for special occasions and the father’s ongoing therapy with the children. Notably, the elder child was given the liberty to decline time with the father if he did not wish to, but could also spend additional time if he chose. For property, the court found the husband's proposed division of 70 percent to the wife and 30 percent to the husband to be just and equitable, given the equal contributions during the marriage, the wife's primary care responsibilities, and the husband's greater earning capacity. The court ordered the sale of two properties, with the proceeds to be dispersed after payment of expenses and taxes, and then distributed according to the agreed percentages, with adjustments for assets already received by each party.