Maddison and Maddison

This case concerned an application before Dessau J in the Family Court of Australia, brought by the Husband and Wife. The dispute involved the parenting arrangements for their two sons, born in March 2001 and May 2003, and the division of their property. The parties sought to finally determine their financial relations and avoid further proceedings.

The court was required to determine the primary residence of the children, the nature of parental responsibility, and the schedule for the children spending time with the Wife. Additionally, the court needed to make orders regarding the enrolment of the children in school. On the property front, the court was tasked with determining the disposition of funds held in a specific bank account, the division of superannuation entitlements, and the allocation of all other property currently in the possession of each party.

Dessau J ordered that the children live with the Husband and that both parents have equal shared parental responsibility. The children were to spend time with the Wife at times as agreed between the parties, taking into account the children's wishes. The Husband was granted liberty to enrol the older son in primary school from Term 3 2008 and the younger son from Term 1 2009. The court also made orders regarding the release of funds held in a term deposit account to the Husband's solicitors, confirming that each party would retain superannuation entitlements in their own name and all other property in their possession. Any encumbrances on property were to remain the sole responsibility of the party entitled to that property. The Independent Children's Lawyer was discharged, and the case was removed from the pending cases list.