Schofield and Schofield

In Schofield and Schofield, Judge Harland of the Family Court of Australia made orders concerning property settlement and parenting arrangements between the parties. The dispute involved the division of assets, including the proceeds from the sale of two properties, a business operated by a company, and the Schofield Family Trust, as well as the allocation of parental responsibility and contact with the children.

The court was required to determine how the parties' financial resources should be divided, including the distribution of funds from property sales, the winding up of a business and associated company, and the vesting of a family trust. Additionally, the court had to address parenting orders, specifically concerning the parental responsibility for the children, the father's contact with them, and the role of the Independent Children's Lawyer.

The orders reflect a consent agreement between the parties. Financially, the wife was directed to release funds from property sales, after deductions for accounting fees and capital gains tax, and to wind up the business and company, using its funds for that purpose. The Schofield Family Trust was to be vested contemporaneously with the business winding up. Each party was declared the sole owner of specified personal property, monies, vehicles, and superannuation interests not otherwise dealt with. The court also made provision for the Registrar to execute documents if a party failed to do so, pursuant to s.106A of the Family Law Act 1975 (Cth).

In relation to parenting, all previous parenting orders were dismissed. The mother was granted sole parental responsibility, and the father was to have no time or communication with the children, except if the children requested contact, which would be facilitated by the mother on a supervised basis initially. The father was permitted to communicate via letters, cards, and gifts, subject to the mother's review. Schools were authorised to provide reports to the father at his expense, but he was prohibited from contacting the schools or their staff. The appointment of the Independent Children's Lawyer was discharged.