LEWINGTON & LEWINGTON

In the matter of *Lewington & Lewington*, Tonkin J of the Family Court of Australia considered final parenting and property settlement orders. The parenting dispute involved children aged 10 and 8, with the mother seeking sole parental responsibility and the father seeking equal parental responsibility and equal time. The court noted high parental conflict and the absence of a dispute resolution mechanism. The property settlement concerned the adjustment of interests in the parties' non-superannuation assets, with a key issue being the existence and quantum of alleged third-party loans from the wife's family.

The court was required to determine the best interests of the children in light of the significant parental conflict and the mother's primary carer role. This involved deciding on the appropriate level of parental responsibility and the extent of time the children would spend with each parent. In relation to the property settlement, the court had to ascertain the extent of the wife's family's financial contributions and whether these constituted loans requiring repayment, and then make an equitable adjustment of the parties' property interests.

Regarding the parenting orders, the court ultimately made orders for the mother to have sole parental responsibility, with the children to live with her. However, the orders included detailed provisions for the father to spend substantial and significant time with the children, and for the mother to keep the father informed of major decisions concerning their health, education, and welfare. For the property settlement, the court adjusted the interests in the parties' non-superannuation assets, awarding 67% to the wife and 33% to the husband, with each party retaining their respective superannuation entitlements. The court also made specific orders regarding the discharge and refinancing of mortgages and the indemnification of the husband against certain debts.