PEERS & HEMSLEY

In this matter before Henderson J, the parties, a mother and father, were in dispute regarding parenting arrangements for their two children and the division of their property. The mother sought to relocate the children to New Zealand, an application opposed by the father and the Independent Children’s Lawyer. The proceedings also involved property settlement, including the division of superannuation entitlements.

The court was required to determine whether to grant the mother's application for international relocation of the children. Additionally, the court needed to make orders regarding the children's living arrangements, parental responsibility, and communication with each parent. The court also had to determine the appropriate property orders, including the division of superannuation, the distribution of other assets, and the payment of costs.

Henderson J dismissed the mother's application to relocate the children to New Zealand, finding that it was not in the children's best interests. The court ordered equal shared parental responsibility and established a shared care arrangement where the children live with the mother for three weeks and the father for one week of each month. The court also made detailed orders regarding school holidays, birthdays, and communication between the parents and children, including provisions for maintaining both Australian and New Zealand passports for the children. In relation to property, the court ordered the husband to pay the wife $33,000, less her share of the Independent Children’s Lawyer’s costs, and to transfer certain assets to her. The wife was ordered to transfer her interest in a business to the husband and to sell a business licence, with the proceeds divided between the parties. A significant superannuation splitting order was made, allocating a base amount of $150,000 to the wife from the husband's superannuation fund. The wife was permitted to retain her unit and motor vehicles.