MONRO & MONRO

In the matter of MONRO & MONRO, Henderson J considered applications concerning parenting and property orders. The mother sought to relocate with the parties' children to New Zealand, where both parents' extended families reside, a proposal opposed by the father. The Independent Children’s Lawyer supported the relocation. The court also addressed the division of a modest property pool, including a superannuation splitting order.

The primary legal issues before the court were whether to grant the mother's application for the permanent relocation of the children to New Zealand, and how to divide the parties' property and superannuation interests. The court was required to assess the best interests of the children in determining the relocation question, considering factors such as the children's existing living arrangements, the involvement of both parents, and the potential impact of such a move on their relationship with each parent and their extended families.

Henderson J reasoned that the mother's application for relocation was in the best interests of the children. The court made orders for equal shared parental responsibility, with the children to live with the mother and be permitted to permanently relocate to New Zealand. Detailed provisions were made regarding the children's time with the father, including specific holiday periods in both Australia and New Zealand, and arrangements for communication and travel. In relation to property, the court ordered the husband to pay the wife a sum of $218,405 and to discharge the mortgage on the G Town property, after which he would be declared the sole owner. Failing compliance, the property was to be sold. A superannuation splitting order was made, allocating a base amount to the mother from the husband's superannuation fund. The parties were also ordered to close jointly held bank accounts and to remain solely liable for their respective debts.