Lerrada & Wilkins

In the matter of Lerrada & Wilkins, Gill J of the Family Court of Australia considered applications concerning children's living arrangements and interim property matters. The dispute arose in the context of existing orders for equally shared parental responsibility, with one parent having substantial and significant time with the children. Both parties sought variations to the existing time arrangements, acknowledging the children's expressed desire for more equal time. A significant factor in the court's consideration was the high degree of conflict between the parents.

The primary legal issues before the court were: firstly, whether to vary the existing orders regarding the children's living arrangements to provide for more equal time, and secondly, to determine interim property matters, including a request for one party to vacate a property for rental purposes and the extent of financial disclosure. The court was required to assess whether a shift in time spent with the parties would reduce conflict and preserve the children's meaningful relationships with both parents, and to address the adequacy of financial disclosure and the practicalities of managing jointly owned properties.

Regarding the children's living arrangements, the court made orders for a fortnightly cycle during school terms, aiming for a more equal division of time. The court found that while a shift in time was unlikely to reduce the conflict between the parties, equal time had the potential to provide and preserve the benefits of meaningful relationships with each parent, aligning with the children's expressed wishes. On the property front, the court ordered that both parties obtain valuations of the real properties and share the costs equally. The court also mandated a detailed process for financial discovery, requiring parties to provide requested information and maintain a schedule of disclosure.

The court discharged previous orders concerning the children's living arrangements and made new orders for a fortnightly cycle during school terms and specific arrangements for school holidays. The parties were ordered to obtain property valuations and engage in a comprehensive financial discovery process, with a conciliation conference scheduled. The extant applications by each party were otherwise dismissed.