KELLY & LOMAX

This matter concerned parenting arrangements and property settlement between Ms Kelly and Mr Lomax concerning their two children, X and W. The primary dispute revolved around with whom the children would live, with each parent seeking for the 13-year-old son, W, to live with them, and the court also considering the capacity of each parent to facilitate a meaningful relationship between the children and the other parent. Additionally, the court addressed property division, including post-separation contributions, and a child support departure application.

The court was required to determine the living arrangements for the children, X and W, and to make final parenting orders. This included deciding on parental responsibility for major long-term issues and daily care decisions. The court also had to determine the property settlement between the parties, considering their respective contributions, including those made after separation. Finally, the court was asked to rule on an application for a departure from the administrative assessment of child support.

By consent, the court ordered that the child X live with the mother and spend time with the father as agreed between them. For child W, the court ordered that he live with the mother and have sole parental responsibility for major long-term issues, subject to a process of consultation with the father. Both parents were to have responsibility for daily decisions concerning the children when in their care. The court also made detailed orders regarding W's time with his father, including specific weekend and school holiday arrangements, and communication protocols. In relation to property, the court ordered that funds held in trust by Clarke Kann Lawyers be apportioned equally between the parties, with $70,000 to be paid to Company V from Ms Kelly's portion. Each party was to retain other property in their possession. Ms Kelly's application for a departure from child support was dismissed. Outstanding applications for costs were reserved for further submissions.