Karllsson & Karllsson

In the matter of *Karllsson & Karllsson*, Stevenson J determined final parenting and property orders between the parties, who have two children, B and C. The mother's applications for leave to amend her parenting application and to rely on an expert report were dismissed. The court also refused to make an order for the mother to obtain an assessment of B for a specific condition.

The legal issues before the court included the determination of parenting arrangements for the children, considering their wishes and the need to protect them from abuse, neglect, or family violence. The court was also required to determine the just and equitable alteration of property interests between the parties, including the valuation of the husband's interest in a commercial enterprise and the dispute over the total net value of the asset pool. The wife's application for spouse maintenance was also a key issue.

Stevenson J found that the children benefited from a continuing meaningful relationship with both parents and that there was no need for protection from abuse or violence. While B expressed a wish to spend more time with her mother, this was not taken at face value. The court noted the children spent substantial time with both parents, who offered high-quality but different parenting styles, and acknowledged ongoing conflict between them. The father was found to be unlikely to cease litigation until he achieved his desired outcome of equal time. Consequently, the court ordered equal shared parental responsibility and a phased approach to living arrangements, commencing with a creative solution suggested by the single expert, leading to a week-about arrangement after 12 months. Regarding property, the court accepted the husband's loan from his mother as a liability and found the husband's shares in NIPL to have nil value. After calculating the net pool of property at $49,750,689, the wife's contributions were assessed at 15%, with an additional 8% adjustment in her favour under s75(2) factors, resulting in a division of 23% to the wife and 77% to the husband. The wife's application for spouse maintenance was dismissed.

The court ordered that the husband pay the wife $9,694,100 within three months, discharging existing spouse maintenance orders upon full payment. All existing parenting orders were discharged, and new orders were made for equal shared parental responsibility and a staged living arrangement for the children over the next twelve months, transitioning to a week-about schedule thereafter. Specific provisions were made for holidays, birthdays, and communication between parents and children. The wife's application for spouse maintenance and child support departure orders were dismissed.