Kapicic and Bakal

This matter concerned parenting arrangements and property settlement between the parties, Kapicic and Bakal, before Berman J of the Family Court of Australia. The dispute involved the father seeking sole parental responsibility for the child, B, and orders regarding the child's living arrangements, time spent with each parent, and health and communication matters. Additionally, the parties sought to resolve claims arising in respect of their matrimonial property.

The court was required to determine the best interests of the child, B, in relation to orders for parental responsibility, living arrangements, and time spent with each parent. Further issues included the management of the child's health, specifically concerning an asthmatic condition, and the provision of communication facilities between the child and the mother. The court also had to determine the terms of a final property settlement, including the division of assets and liabilities between the parties.

Berman J made orders discharging previous arrangements and granting the father sole parental responsibility for the child, with the child to live with the father. Specific time arrangements were detailed for the child to spend with the mother, including alternate weekends, public holidays, and school holiday periods. The court also made orders concerning the child's medical assessment for asthma, communication with the mother via mobile phone, and the father's obligation to keep the mother informed of significant health issues. The mother was restrained from attending the child's school except as agreed. In relation to property, the mother was ordered to pay the father a settlement sum of $79,373 within six months, which would extinguish the father's interest in a specific property. Provisions were made for the division of other property and liabilities, and for the sale of the Suburb J property in the event of default in payment of the settlement sum. The court also granted power to a Registrar to sign documents to give effect to the orders if a party refused to do so.