JARROTT & JARROTT

In the matter of JARROTT & JARROTT, Cleary J of the Family Court of Australia determined issues concerning the living arrangements and time spent with the parties' two children, S JARROTT and U JARROTT, as well as property settlement and spousal maintenance. The dispute arose in the context of high conflict between the parents, including friction between the mother and the father's new wife, and a lack of communication between the parents. The children were aware of the adult conflict.

The court was required to determine with whom the children should live, considering the mother's role as primary carer since birth and the children's need to maintain meaningful relationships with both parents. Additionally, the court had to consider the children's developing relationship with their stepmother and their need to be included in the father's new family, including the impending birth of a half-sibling. The court also addressed the division of property and the provision of spousal maintenance.

Cleary J ordered that the parties have equal shared parental responsibility for the children and that the children live with the mother. The court outlined a detailed schedule for the children to spend substantial and significant time with the father, which varied depending on the children's residence and the school year. The orders also included provisions for the sale of the former family home, with the proceeds to be disbursed in a specific priority, and for the husband to pay a sum of money to the mother. The husband was also ordered to pay spousal maintenance to the mother until the settlement of the sale of the former family home.