JACKSON & SHEA

This matter concerned parenting and property settlement disputes between Jackson and Shea, heard by Berman J in the Family Court of Australia. The wife sought equal shared parental responsibility for their child, C, with the exception of sole parental responsibility for C's religious observances and medical and dental treatment. The husband sought equal shared parental responsibility without such exceptions. In relation to property, the wife argued that the existing legal and equitable interests should not be altered, while the husband contended for a division of assets, acknowledging his smaller financial contributions but highlighting the length of the marriage.

The court was required to determine the appropriate parenting orders, specifically whether to grant sole parental responsibility for religious observances and medical/dental treatment to the wife, and to make orders for the division of the parties' property. The court also considered the impact of the parties' legal fees on the property settlement under section 75(2)(o) of the *Family Law Act 1975* (Cth).

Berman J ordered that the parties have equal shared parental responsibility for C, declining to make orders for sole parental responsibility in respect of religious observances or medical and dental treatment. The court also made detailed orders regarding the child's time with each parent, including specific arrangements for school terms, holidays, and religious festivals. In relation to property, the court found it just and equitable to alter the existing interests, ordering a division of 72% in favour of the wife and 28% in favour of the husband. This outcome reflected the wife's significant financial benefit from a family trust and the husband's contributions over the course of their long marriage. The court also considered the parties' legal fees in its property settlement determination.