KYRIAKOU & ZENAKIS

This case concerned final orders in a family law matter between the parties, Kyriakou and Zenakis, heard by Berman J. The dispute involved parenting arrangements for the child, property division, spousal maintenance, and costs. Key issues included whether the presumption of equal shared parental responsibility should apply, given the parties' disagreements regarding the child's medical treatment, and how the child's living arrangements and time with each parent should be structured in the child's best interests. The court also had to determine the just and equitable division of the parties' property pool and address the wife's claim for spousal maintenance.

The court determined that while the parties could communicate on mundane matters, their significant dispute over the child's medical treatment meant the presumption of equal shared parental responsibility should not apply in full. Consequently, the wife was granted sole parental responsibility for health issues, with a requirement to consult the husband and inform him of decisions, but retaining the final say. For all other aspects of parental responsibility, shared responsibility was ordered. The child was ordered to live with the wife, with a gradually increasing schedule for time spent with the husband over the next two years, aiming to foster a meaningful relationship with both parents while acknowledging the child's settled routine and half-siblings.

In relation to property, the court ordered a division of 52.5% to the wife and 47.5% to the husband, considering their contributions and future needs. Spousal maintenance was ordered for the wife, acknowledging her need and the husband's capacity to pay, albeit for a limited period. The court also addressed costs, ordering the husband to pay the wife's costs on a party/party basis, finding that while the husband was unsuccessful, his arguments were a legitimate area of contention. Finally, the court ordered that the child's birth certificate be issued to include the wife's surname as a middle name, but not to change the child's surname.