KESSLER & KESSLER

The case of Kessler & Kessler involved a dispute between the parties concerning parenting arrangements for their two children, [X] and [Y], and a division of their property following a 20-year relationship. The court was required to determine the best interests of the children in light of a family report and the parents' respective contributions and circumstances.

The primary legal issues before the court were the appropriate parenting orders, including the children's living arrangements and time spent with each parent, and the division of the parties' property. The court also considered the impact of the acrimonious relationship between the mother and the father's new partner on the children.

Judge Burchardt made findings regarding the children's primary care, noting the mother had always been the primary carer, and acknowledged difficulties faced by both parents, with the mother experiencing more significant challenges. While largely accepting the professional conclusions of the family report writer, the court did not accept all consequential conclusions, noting the writer was not fully aware of all relevant facts. The court ordered equal shared parental responsibility but that the children live with the Applicant (mother) with a specific time spent with the Respondent (father). In relation to property, the court found the parties' contributions to be equal but applied a loading to the mother for her care of the young children. The court also made findings about disputed items within the property pool and directed the parties to confer on appropriate orders.