LENARD & ROGERS

In the matter of Lenard & Rogers, the court considered disputes concerning children's living arrangements and property division. The wife did not appear, and the court noted that previous orders aimed at improving the children's relationship with their father had not been implemented. Despite final orders providing for the children to live with their father, they had not seen him for approximately 18 months.

The primary legal issues before the court were whether to discharge the existing final orders regarding the children's residence and time with their father, and how to distribute funds held in trust, taking into account a prior costs order in favour of the husband. The court also had to determine the terms of any new orders concerning the children's living arrangements and time with each parent.

Justice Watts discharged the previous final orders concerning the children's residence, ordering that they live with their mother. However, the children were still to spend time with their father during specific halves of school holidays, albeit in a modified pattern. The court also directed the distribution of funds held in trust, with an initial payment of $18,000 to the husband, followed by a 55/45 division of the remaining balance in favour of the wife. The wife was granted a 28-day window to apply for a review of these orders, failing which they would become final.