HOLDER & LITTLE

This case concerned parenting and property disputes between a husband and wife. The parenting dispute involved allegations of family violence perpetrated by the husband and their adolescent son against the wife and, at times, their daughter. The court was asked to determine whether the daughter should live predominantly with the wife, despite her expressed wishes, and whether the parents should share parental responsibility for her. The property dispute involved the distribution of monies held in trust, allegations of the husband failing to disclose his financial position, and manipulating his income.

The court was required to determine several legal issues. In relation to parenting, the primary issues were whether the family violence warranted the daughter living with the wife against her wishes and how parental responsibility should be shared. Regarding property, the court had to decide how funds held in trust should be distributed, and whether the husband had engaged in financial misconduct by failing to disclose his position or manipulating his income.

The court made detailed parenting orders, discharging previous orders and establishing equal shared parental responsibility for the older child, X, who was to live and spend time according to his wishes. For the younger child, Y, the court ordered that she live with the wife, with the wife having sole parental responsibility for her education, though she was required to consult the husband regarding school choices. Specific time arrangements were set out for Y to spend with the husband, with provisions for holidays and special occasions. The court also made orders regarding counselling for the wife and X, and injunctions restraining the parties from denigrating each other to the children and from showing the reasons for judgment to them. In relation to property, the court ordered the distribution of funds held in trust, the sale of certain shares, and the retention of various assets by each party. A superannuation splitting order was made in favour of the wife, with specific provisions for its implementation and for the husband to be restrained from making binding death benefit nominations that would diminish the wife's entitlement.