PASKIN & LAURENCE

In the matter of Paskin & Laurence, Loughnan J of the Family Court of Australia considered disputes between the parents concerning their six-year-old child, including parenting arrangements, parental responsibility, relocation, and property division. The father sought increased time with the child, including overnight stays, while the mother sought sole parental responsibility and permission to relocate with the child for up to three years. The parties also disputed the division of their financial assets, including superannuation and share options.

The court was required to determine the most appropriate parenting arrangements for the child, balancing the father's desire for increased time with the child against his history of family violence and diagnosis of Asperger’s Disorder, and the mother's concerns regarding a gradual approach to overnight stays. It also had to decide on the allocation of parental responsibility, considering the presumption of equal shared responsibility and the impact of family violence. Furthermore, the court needed to assess the mother's relocation application and the division of the parties' property, including the complex issue of the father's unvested share options and superannuation interests.

Regarding parenting, the court ordered that the mother have sole parental responsibility but required her to consult with the father on significant decisions, ensuring good faith and child-focused communication. The father was granted alternate weekend time with the child, plus one overnight stay during the intervening week, commencing from Term 3, 2018, with further provisions for school holidays and specific public holidays. The court declined the mother's relocation application, accepting the expert's recommendation for a delay to allow the child and father to develop their relationship. In property matters, contributions were assessed at 55% to the father and 45% to the mother, with an adjustment of 7.5% in favour of the mother due to her primary care of the child. Specific orders were made for the division of joint bank accounts and the father's share options, requiring him to exercise vested options when "in the money" and provide 50% of the value to the mother, with the mother indemnifying the father for associated taxes and fees. A base amount of $56,716 was allocated to the mother from the father's superannuation interest in the F Superannuation Fund.