SHANTHA & PRASANNA

This case involved a dispute between a husband and wife concerning parenting arrangements for their two daughters and the division of their property. The mother sought orders for both daughters, aged 17 and 8, to live with her. The elder daughter was refusing contact with the mother and living with the father, while the younger daughter was reportedly strongly influenced by the mother's views. The court was required to determine the best interests of both children in light of these circumstances and the recommendations of a family report and the Independent Children's Lawyer. Additionally, the parties sought adjustments to their property entitlements, with their dealings in Sri Lanka being unclear, and their contributions and future needs being considered equal.

The court's reasoning regarding the parenting arrangements was heavily influenced by the recommendations of the family report and the Independent Children's Lawyer, which were considered to be clearly in the children's best interests. For the elder daughter, the court ordered that she live with the father and spend time with the mother as agreed between them, acknowledging her expressed wishes. For the younger daughter, the court ordered a week-about living arrangement with each parent, facilitating equal time. The court also made detailed orders regarding communication between parents and children, information sharing about the children's health and education, and prohibitions against denigration and discussing proceedings in the children's presence.

In relation to the property dispute, the court found the parties' dealings with their Sri Lankan assets to be wholly unclear. Given that their contributions and future needs were assessed as equal, the court determined that an equal distribution of the property pool was just and equitable. The orders provided for the transfer of specific properties between the parties, with associated mortgage responsibilities and indemnities, and outlined procedures for the sale of properties should certain conditions not be met. The court also made orders regarding the parties' respective entitlements to other property and superannuation, aiming to finally determine their financial relationship.