HOLLOWAY & HOLLOWAY

In the matter of *Holloway & Holloway*, heard by Judge Williams, the dispute concerned parenting arrangements for two young children and the division of the parties' modest asset pool. The parenting dispute focused on whether the children, aged seven and four, should live in an equal shared care arrangement, or primarily with one parent with significant and substantial time with the other, and if so, with which parent. The property dispute involved claims for an adjustment to the wife's share of the assets due to prospective needs, alongside an agreed equal division of superannuation entitlements.

The court was required to determine the most appropriate parenting orders for the children, considering their best interests, and to make orders for the division of the parties' property. Specifically, the court had to decide whether an equal shared parental responsibility arrangement was appropriate, and if so, the specific living arrangements and time each parent would spend with the children. In relation to property, the court needed to assess contributions and consider prospective needs to determine a just and equitable distribution of the non-superannuation assets, while also formalising the agreed equal division of superannuation.

In reaching its decision, the court ordered equal shared parental responsibility for the children, with the children to live primarily with the wife. The husband was granted significant and substantial time with the children, with detailed provisions for weekend, mid-week, special occasions, and holiday periods outlined. Regarding property, the court found that an adjustment of 10% of the non-superannuation property pool was warranted in favour of the wife due to prospective needs, resulting in a distribution of 60% to the wife and 40% to the husband of the non-superannuation assets, in addition to the agreed equalisation of superannuation.

The court ordered the net proceeds of sale of the former family home to be distributed such that after repaying $3,541 to the wife's parents, the wife would receive $108,689 and the husband the remaining balance. The parties were also to retain their respective motor vehicles and interim distributions, with all other property to be divided as specified in the orders, including the equalisation of superannuation entitlements. The orders also included provisions for the children's schooling and kindergarten, communication between parents, and participation in parenting programs and counselling.