SEGNER & SEGNER

In the matter of SEGNER & SEGNER, Judge Bender considered applications by the parents concerning their three children and the division of their property. The parenting dispute involved disagreements over equal shared parental responsibility, the children's living arrangements, and crucially, the management of medical interventions and medications for one child with significant health and behavioural issues. Communication breakdowns between the parents and concerns about the Mother's partner's criminal history were also factors. In relation to property, the sole asset for division was funds held in a solicitor's trust account, with the Father seeking payment of his taxation liability and the Mother seeking a notional add-back of rental income and reimbursement for legal expenses.

The court was required to determine the most appropriate parenting orders, balancing the principle of equal shared parental responsibility with the specific needs of the child with health concerns, and to address the division of the parties' limited financial asset. Key legal issues included how to manage medical decision-making for the unwell child where parents could not agree, the extent to which the Father's taxation liability should be discharged from the joint funds, and whether the Mother's claim for a notional add-back of rental income and reimbursement of costs should be allowed.

The court ordered equal shared parental responsibility for long-term decisions concerning two of the children. However, for the child with significant health concerns, the Mother was granted sole parental responsibility for all medical and allied health decisions, with specific provisions requiring her to seek and consider the Father's input, afford him opportunities to consult with medical professionals, and provide him with written reasons for any decision contrary to his views. The children were ordered to live week-about with each parent, and both parents were ordered to attend family therapy to improve communication. Regarding property, the Father was to provide proof of his taxation liability within 30 days, with that amount to be released to him from the trust funds for payment. The remaining funds in the trust account were to be divided equally, with an amount reimbursed to the Mother for her legal expenses incurred in the proceedings.