Milligan and Milligan

This matter concerned orders made by Judge Phipps in the Federal Circuit Court of Australia concerning children's matters and property division between the husband and wife. The dispute involved the arrangements for the three children of the marriage, their residence, time spent with each parent, and the division of the net proceeds from the sale of the former matrimonial home, as well as the husband's superannuation.

The court was required to determine the specific orders regarding the children's living arrangements, including equal shared parental responsibility, the children's residence with the wife, and the extent of time the children would spend with the husband. Additionally, the court needed to make orders concerning the division of the net proceeds from the sale of the former matrimonial home and the allocation of the husband's superannuation interest. The court also had to consider the wishes of the eldest child, [X], and make orders to prevent denigration of either parent in the presence of the children.

Judge Phipps ordered that all previous orders be discharged. The court made orders for equal shared parental responsibility for the children, with the children to live with the wife. The wife was restrained by injunction from relocating the children's residence more than 30 kilometres from their current location. Specific orders were made regarding the children's time spent with the husband, including alternate weekends, half of school holidays, Father's Day, and each child's birthday, with provisions for communication. The orders for the eldest child, [X], to spend time with the husband were made subject to [X]'s wishes. The court also made orders restraining each party from denigrating the other to or in the presence of the children.

In relation to property, the court ordered that the net proceeds from the sale of the former matrimonial home be divided, with 65% to the wife and 35% to the husband. Each party was to be solely entitled to other property in their possession. The court also made provision for a superannuation order concerning the husband's superannuation interest, entitling the wife to a specific amount, and adjourned the matter for the finalisation of these superannuation orders.