Lotta & Lotta

In the matter of Lotta & Lotta, Foster J considered parenting, property, and costs disputes arising from the breakdown of a marriage. The parenting dispute concerned the relationship between the father and the child, A, which had deteriorated significantly. The child, being of mature years, had expressed strong wishes regarding contact with the father. The property dispute involved financial dealings between the parties that occurred some years after their separation, with the court finding a lack of forensic clarity in the evidence presented.

The court was required to determine the best interests of the child, A, in relation to contact with the father, and whether to make a positive order for the child to spend time with him. Additionally, the court had to consider the general principles for awarding costs, specifically in relation to the Independent Children’s Lawyer. Finally, the court needed to address the property settlement, including whether to make adjustive orders due to the husband's alleged failure to be full and frank with the court regarding his financial dealings.

Regarding parenting, Foster J determined that it was not appropriate to make a positive order for the child to spend time with the father, given the breakdown of their relationship and the child's expressed wishes. The orders made provided for the mother to have sole parental responsibility and for the child to live with her, while allowing for the father to send letters and gifts, and to receive information about the child's progress and attend school events under specific conditions. The court also made orders for communication and conduct between the parents to protect the child. In relation to costs, the court ordered that each party pay an equal contribution towards the Independent Children’s Lawyer’s costs. For the property dispute, the court found that the husband had not been full and frank in his financial disclosures and made an adjustive order requiring the husband to pay a capital sum of $496,000 to the wife.