JENNINGS & JENNINGS

In this matter before Berman J, the wife sought to relocate with the parties' three children to New Zealand, while the husband remained in Australia. The dispute involved allegations of family violence, difficulties in communication and co-parenting between the parties, and the impact of distance on the children's relationship with the non-resident parent. The court was also required to consider property settlement, including adjustments to superannuation interests.

The primary legal issues before the court were whether the wife should be permitted to relocate with the children to New Zealand, and how parental responsibility and time arrangements should be structured to promote the children's best interests, particularly in light of the proposed relocation and the estrangement between the parents. Additionally, the court had to determine the appropriate division of the parties' property interests, including the former matrimonial home and superannuation.

Berman J reasoned that the wife's intention to relocate to New Zealand was a significant factor, and that the court's focus must be on the children's welfare. The court considered the practicalities of the relocation, including the impact on the children's relationship with their father and the arrangements for his time with them. The court also addressed the property settlement by ordering a payment from the husband to the wife and a division of superannuation interests, reflecting the parties' contributions and the need for a final resolution of financial matters.

The court made orders granting the wife sole parental responsibility for the children, with specific provisions for consultation with the husband on long-term care, welfare, and development. The wife was permitted to relocate with the children to New Zealand, and detailed arrangements were made for the children's time with the husband, including travel provisions and communication. The court also ordered a property settlement, including a cash payment from the husband to the wife, the transfer of the former matrimonial home, and a superannuation split.