Lincoln & Dallas

In the matter of *Lincoln & Dallas*, Mushin J considered parenting and property disputes between the parents of three children. The primary parenting dispute concerned the living arrangements for the children, with the court ultimately discharging previous orders and making new final orders regarding their care. A secondary issue involved the property of the former matrimonial home, which was referred back for further consideration due to potential market fluctuations.

The court was required to determine the best interests of the children in light of significant animosity and communication difficulties between the parents. Specifically, the court had to decide whether equal shared care was appropriate in these circumstances and, if not, what alternative living arrangements would best serve the children's welfare and development. The court also had to address the valuation and division of the former matrimonial home.

Mushin J's reasoning focused on the paramountcy of the children's best interests. While acknowledging the principle of equal shared parental responsibility for long-term decision-making, the court determined that a specific schedule for the children's living arrangements was necessary, rather than a strict 50/50 split in day-to-day care, given the parental conflict. The orders established a pattern of the children living with the father for a substantial portion of each fortnight during term time, with specific provisions for school holidays and special days. The court also mandated communication protocols, including the use of a "Communication Book" for non-urgent matters and a prohibition on denigrating the other parent in the children's presence. Regarding the property, the court ordered written submissions on the valuation of the former matrimonial home.