PALMER & PALMER

The case before the court involved a dispute between the parties regarding the care and custody of their two children, as well as the division of their property. The mother sought sole parental responsibility for the children and for them to live with her, while the father sought shared parental responsibility and for the children to live with him. The court was also required to determine the amount of property settlement to be paid by the husband to the wife and the division of the proceeds from the sale of their former matrimonial home.

The court found that it was not appropriate to give additional weight to the husband's contributions to the family by reason of the fact that those contributions were made more arduous by violence inflicted by the wife. The court also found that the wife's care of a child with disabilities was relevant in determining the children's best interests, but that the presence of a stepchild in the household was not. The court held that the mother should have sole parental responsibility for the children and that they should live with her. The court also ordered that the children spend time with the father on alternating weekends and Wednesday evenings, and during certain holiday periods.

The court ordered that the husband pay the wife $219,000 and transfer his interest in the former matrimonial home to her. If the husband was unable or unwilling to make the payment, the court ordered that the home be sold and the proceeds divided between the parties. The court also ordered that the wife receive a percentage of the husband's superannuation benefits.

The court ordered that the mother be entitled to remove the children from Australia for a holiday of up to three weeks each year, and that the father be entitled to information about the children's medical treatment and schooling. The court also ordered that the parties notify each other of any medical emergencies involving the children.