Illgen & Yike

In the matter of *Illgen & Yike*, Hannam J considered applications concerning interim property settlement and spousal maintenance. The wife sought an interim property settlement to enable her to purchase a home for herself and the children, asserting she was unable to adequately support herself and the children and was the primary carer. The husband had unilaterally sold the matrimonial home, and a second respondent claimed a significant debt was owed to them.

The court was required to determine whether to make interim property orders to facilitate the wife's housing needs, considering the husband's sale of the matrimonial home and the asserted debt. Additionally, the court addressed the wife's claim for spousal maintenance, given her inability to adequately support herself and the children and her role as primary carer, against the husband's capacity to pay.

Hannam J made several interim orders regarding the children's living arrangements, time with each parent, and communication. The court discharged previous parenting orders and ordered that the children live with the mother, with specific arrangements for one child to spend time with the father. The orders also emphasised facilitating the children's wishes regarding contact with the father and ensuring their participation in social and extra-curricular activities. Furthermore, the court made orders for family therapy, requiring both parents to attend and cooperate with the therapist, with provisions for cost sharing and confidentiality. The court also made orders restraining both parents from denigrating each other in the presence of the children and from discouraging the therapy process.