McDermott & McDermott

This case involved property and parenting disputes between a husband and wife, identified as the parties. A significant aspect of the property dispute concerned the appointment of a Receiver and Liquidator to the parties' corporate and partnership entities. The court was required to determine the proper pool of assets for adjustment purposes, particularly in light of adverse credit findings against the husband and his retention of funds belonging to the receivership/liquidation, which impacted the ongoing receivership and its associated costs. In relation to parenting, the parties had reached an agreement on equal shared parental responsibility and that the children would live primarily with the mother, leaving only the discrete issue of the children's time with the father to be determined by the court, with consideration of the children's best interests.

The court's reasoning in the property division was heavily influenced by the husband's financial misconduct and the consequent appointment of a Receiver and Liquidator. The court applied principles relating to the identification and division of assets when corporate and partnership entities are involved, especially where there has been an intermingling of assets and a lack of clear record-keeping. The court also considered the impact of the husband's conduct on the receivership and liquidation process. In parenting matters, the court's determination of the children's time with the father was guided by the overarching principle of the children's best interests, as stipulated in the relevant legislation.

The court made detailed orders regarding parenting, establishing equal shared parental responsibility with the children living primarily with the mother, and outlining specific arrangements for the children's time with the father during school terms and holidays, including provisions for birthdays and other special occasions. The orders also included provisions for communication between parents and children, information sharing regarding the children's welfare, and restrictions on parental criticism. In relation to property, the court ordered the husband to transfer his interests in several properties and leaseholdings to the wife, declared the wife the sole beneficial owner of assets at a specific property and of the partnership's assets, and ordered the husband to pay a sum of $226,000 to the wife. The court also made provisions for the execution of documents by the wife on behalf of the husband if he failed to comply with the orders.