MAIGRET & ELLENBERG

In the Family Court of Australia, Watts J presided over a dispute between a husband and wife concerning parenting arrangements for their four children and the division of their property. The parties had previously agreed to equal shared parental responsibility. The wife sought orders for the two younger children to live with her, while the children had been ordinarily residing with the husband since the parties' separation in August 2013. The wife also alleged systemic sexual abuse during the marriage.

The court was required to determine the living arrangements for the children, considering a single expert report that had expressed adverse opinions about the husband's parenting attitudes and recommended the younger children live with their mother. The court also had to consider the wife's allegations of abuse and the husband's alleged change in attitudes following the expert report. In relation to property, the court needed to decide on the appropriate division of assets, with the wife seeking an equal contribution finding and the husband seeking a greater share based on contributions and post-separation financial support of the children.

Watts J found that there was no unacceptable risk arising from the alleged abuse and that the husband's attitudes had changed since reading the expert report. The court ordered that the children live with the husband, but made extensive orders to maximise the time the children spent with the wife, including specific arrangements for weekends, school holidays, and special occasions. The court also ordered that the children be permitted to travel overseas and have passports, subject to specific conditions. Regarding property, the court found that contributions until separation were equal, but adjusted the division to 52.5% to the husband and 47.5% to the wife, taking into account the husband's burden of financially supporting the children since separation and a further 5% adjustment in the husband's favour based on other matters under s 79(4)(d)-(g) of the Family Law Act 1975 (Cth).