JAYCE & CARTER

The Family Court of Australia heard proceedings between Ms Jayce (the applicant mother) and Mr Carter (the respondent father) concerning parenting arrangements for their two children, J (aged nine) and S (aged six), and the adjustment of their matrimonial property. The dispute arose following the parties' separation in June 2010, with the primary contention in the parenting matter being the extent of time the children should spend with each parent, particularly in light of the father's behaviour and the parties' poor communication.

The court was required to determine the best interests of the children in relation to their living arrangements and time spent with each parent, considering the presumption of equal shared parental responsibility. Additionally, the court had to decide whether it was just and equitable to alter the parties' property interests under section 79 of the *Family Law Act 1975* (Cth), taking into account their respective financial contributions and post-separation responsibilities. A further issue involved the weight to be given to the Family Consultant's assessment, particularly regarding the children's views and the consideration of factual matters.

In its parenting determination, the court acknowledged the presumption of equal shared parental responsibility but found that an order for equal time was not in the children's best interests, citing the father's poor behaviour as a role model and the strained parental relationship. The court ultimately ordered that the children remain in the mother's primary care, with substantial time to be spent with the father, and noted that the Family Consultant's assessment of the children's views should be treated with caution. Regarding property, the court found that while the father had made greater financial contributions, the mother's post-separation care of the children and her assumption of their expenses warranted an adjustment in her favour under section 75(2) of the *Family Law Act 1975* (Cth).

The court made final orders regarding property settlement, including the distribution of net sale proceeds from the former matrimonial home, and detailed specific arrangements for the children's time with each parent, including extended periods with the father and specific holiday arrangements. The court also ordered the return of certain items to the mother and the delivery of other items for copying, with provisions for a Registrar to sign documents on behalf of a defaulting party. The final orders also stipulated that both parties were entitled to attend all events involving the children and must keep each other informed of relevant matters concerning their welfare.