LONGLEY & LONGLEY
Case
•
[2018] FamCA 484
•28 June 2018
Details
AGLC
Case
Decision Date
LONGLEY & LONGLEY [2018] FamCA 484
[2018] FamCA 484
28 June 2018
CaseChat Overview and Summary
In the matter of *Longley & Longley*, Rees J determined parenting, property, spousal maintenance, and costs issues between the husband and wife. The dispute concerned the living arrangements and future care of the parties' two children, aged 15 and 13, one of whom suffers from an intellectual disability. The wife sought specific parenting time with the children, while the husband sought sole parental responsibility and a particular division of the parties' asset pool. The wife also sought spousal maintenance and indemnity costs.
The court was required to determine the best interests of the children in establishing parenting orders, considering the wife's limited parenting capacity and past breaches of court orders. In relation to property, the court had to assess the contributions of each party and make an adjustment under section 79 of the *Family Law Act 1975* (Cth). The wife's applications for spousal maintenance and for the husband to pay her costs on an indemnity basis also required determination.
Rees J ordered that the children live with the husband and that he have sole parental responsibility, with specific provisions for the wife to spend time with the children during school terms, school holidays, and on special occasions. The court found that the husband's contributions to the marriage were assessed at 60 per cent, and ordered a property settlement that largely reflected the husband's application, including a superannuation splitting order in favour of the wife. The wife's application for spousal maintenance was dismissed as the court was not satisfied she was unable to support herself, and her application for costs was also dismissed.
The court was required to determine the best interests of the children in establishing parenting orders, considering the wife's limited parenting capacity and past breaches of court orders. In relation to property, the court had to assess the contributions of each party and make an adjustment under section 79 of the *Family Law Act 1975* (Cth). The wife's applications for spousal maintenance and for the husband to pay her costs on an indemnity basis also required determination.
Rees J ordered that the children live with the husband and that he have sole parental responsibility, with specific provisions for the wife to spend time with the children during school terms, school holidays, and on special occasions. The court found that the husband's contributions to the marriage were assessed at 60 per cent, and ordered a property settlement that largely reflected the husband's application, including a superannuation splitting order in favour of the wife. The wife's application for spousal maintenance was dismissed as the court was not satisfied she was unable to support herself, and her application for costs was also dismissed.
Details
Key Legal Topics
Areas of Law
-
Family Law
Legal Concepts
-
Costs
-
Damages
-
Remedies
Actions
Download as PDF
Download as Word Document
Citations
LONGLEY & LONGLEY [2018] FamCA 484
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
1