PASCOE & PASCOE

In *Pascoe & Pascoe*, Judge Roberts of the Family Court of Australia determined property, child maintenance, and parenting orders concerning the husband and wife. The dispute involved assets located in Tasmania and overseas, including properties purchased through nominees and timeshare accommodation. The wife had returned to Tasmania with the children, while the husband remained overseas. The court also considered the husband's tax-free income and the wife's greater contributions to the marriage.

The legal issues before the court included the division of the parties' property, specifically how to account for assets held overseas and the inclusion of notional property in the asset pool. The court was also required to determine appropriate child maintenance payments, given the husband's residence overseas and the costs associated with raising children. Furthermore, the court had to consider whether the children should be permitted to travel overseas and whether the Hague Convention was applicable to such travel.

The court reasoned that while it lacked jurisdiction over funds held overseas, it could still make orders regarding the parties' interests in those assets, particularly the timeshare accommodation, which was to be sold with proceeds paid to the wife. The court also ordered the husband to pay a sum of $20,000 to the wife and to transfer 100% of his superannuation interest to her. Child maintenance was set at $200 per week per child, with annual indexation based on the Consumer Price Index for Hobart. In relation to parenting, the court ordered equal shared parental responsibility, with the children to live with the wife and the husband to have specific periods of time with them in Australia, subject to notice and communication provisions. The husband was also restrained from removing the children from Australia without consent or a court order.