MADDISON & MADDISON

This matter concerned competing applications by the father and mother regarding the parenting of their three children, X, Y, and Z, and the adjustment of their financial property. The court was required to determine the appropriate orders for parental responsibility, the children's living arrangements, and the time the children would spend with each parent. Additionally, the court was tasked with making orders for the division of the parties' property.

The primary legal issues before the court were whether the presumption of equal shared parental responsibility should be rebutted, and if not, what orders for the children's time with each parent were in their best interests. The court also had to consider the division of the parties' financial resources, including superannuation interests and other assets.

In relation to parenting, the court found that the presumption of equal shared parental responsibility was not rebutted. Consequently, orders were made for equal shared parental responsibility, with the children to live with the mother. The father was granted specific time with the children, including alternate weekends and periods during school holidays, with detailed provisions for changeovers and special days. The court also made orders restraining domestic violence and requiring parties to keep each other informed of significant matters concerning the children's welfare and education. On the property front, the court ordered a distribution of funds held in trust, a specific division of the husband's superannuation interest, and the equal distribution of funds from the Australian Scholarship Group. Each party was to retain other personal property not otherwise dealt with.