Marks & Marks

In the matter of SYC 9295 of 2020, Ms Marks (the applicant wife) and Mr Marks (the respondent husband) brought competing applications before Rees J. The wife sought increased time with the children and interim spousal maintenance, while the husband raised concerns about the wife's history of substance abuse impacting the children. The proceedings also involved applications for a partial property settlement.

The court was required to determine interim parenting orders, specifically concerning the children's time with the wife, and whether to appoint an Independent Children's Lawyer and order family therapy. Additionally, the court needed to consider the wife's application for spousal maintenance and the parties' competing applications for a partial property settlement, taking into account the husband's dispute regarding the quantum of maintenance. The court also had to address the husband's concerns regarding the wife's substance abuse and the potential risks to the children.

Rees J ordered that the parties engage in family therapy to address issues concerning the children's relationships with each parent and to explore ways to improve the children's willingness to spend time with the wife. The husband was ordered to bear the costs of this therapy. Furthermore, the wife was ordered to submit to regular drug and alcohol testing, including chain of custody urine analysis and hair follicle testing, with the husband to cover the costs of these tests. The children were ordered to spend time with the wife on not less than one day each week.

In relation to property and spousal maintenance, the court ordered a partial property settlement payment of $250,000 to the wife from funds held by L Solicitors. The husband was also ordered to pay the wife interim spousal maintenance of $2,100 per week, along with costs associated with her vehicle registration, insurance, servicing, and inspection. The court also made orders regarding the consequences of contravening these interim orders, referencing relevant sections of the Family Law Act 1975 (Cth).