LAWSON & LAWSON

In the matter of Lawson & Lawson, Judge Middleton considered parenting and property disputes between the parties. The parenting dispute involved three children aged 10, 7, and 3, with the mother having unilaterally relocated with the children. The father conceded opioid and cannabis use for pain management, and the court noted the existence of family violence and the absence of an effective co-parenting relationship, despite the children having a strong relationship with the father. The property dispute concerned the division of assets, including a self-managed superannuation fund and a family trust, following the husband's bankruptcy and a company liquidation.

The court was required to determine the parenting arrangements for the children, specifically whether the mother should have sole parental responsibility and where the children should live, while also considering the father's relationship with them. In relation to property, the court needed to address the winding up of the Lawson Family Trust and the associated self-managed superannuation fund, and the equitable distribution of these assets between the parties. The court also had to consider an outstanding costs order against the husband.

Regarding parenting, Judge Middleton discharged all previous parenting orders and granted the mother sole parental responsibility, with the children to live with her. However, specific provisions were made for the father to be notified of medical emergencies and to liaise with treating practitioners, and to be kept informed of the children's schooling and residential details. The court then outlined a phased approach to the father's time with the children, gradually increasing his contact from limited weekend and holiday periods to alternate weekends during school terms and half of school holidays, with further increases planned from 2019. The orders also included provisions for communication, parental conduct, and the father's attendance at school events. In the property proceedings, the respondent wife was appointed trustee to wind up the family trust and superannuation fund, with the assets to be liquidated and then rolled over equally (50/50) to the husband and wife. Each party was otherwise declared solely liable for their own debts and liabilities, and the sole owner of personalty in their possession, with an obligation to indemnify the other for any related debts. The husband was also ordered to pay the wife a sum of $5,806.00 pursuant to a prior costs order.