McRAE & WILKIE

This case concerned parenting and property disputes between a father and mother regarding their five children. The primary parenting dispute centred on the deterioration of the father's relationship with the children following separation, exacerbated by the parents' conflict. The two eldest children were estranged from the father, and their views influenced the younger siblings. Despite an agreed reunification attempt, expert evidence raised concerns about the children's future mental health if further attempts were made. In the property proceedings, the parties had limited immediately realisable assets, with the husband having received significant funds. A partial property settlement had already occurred in favour of the wife, and the remaining primary assets for distribution were superannuation and disability support payments. The husband was assessed as totally and permanently disabled, while the wife had obtained new qualifications, creating a disparity in future earning capacities.

The court was required to determine the parenting arrangements that were in the best interests of the five children, specifically addressing the father's contact with them and parental responsibility. Concurrently, the court had to make orders for the just and equitable distribution of the parties' limited property, considering the husband's disability and the wife's improved earning capacity. The court also needed to address the practicalities of implementing any property orders, particularly concerning superannuation entitlements.

In relation to parenting, the court ordered that the children live with their mother and that she have sole parental responsibility for their long-term care, welfare, and development, with specific joint responsibilities for decisions regarding the children's names and international relocation. All time the children spent with the father was suspended, but opportunities for contact were left open subject to the children's wishes, with communication to be facilitated through specific online platforms and by sending gifts. For property, the court ordered that the wife retain the proceeds from the sale of the matrimonial home and her interests in her superannuation fund. Crucially, the court allocated 100% of the husband's entitlements from two specific superannuation funds to the wife, with detailed provisions for the calculation and payment of these amounts, and also ordered that the husband retain his interest in another superannuation policy. The court also made orders for the parties to retain their respective chattels and other assets in their names, with mutual indemnities for liabilities.