SILVER & SILVER

This matter concerned parenting and property disputes between the wife and husband, Mr and Ms Silver. The court was required to determine the parenting arrangements for the parties' four children, W, X, Y, and Z, and to make just and equitable property orders in the circumstances of the marriage.

The primary legal issues before the court were how much time the children should spend with their father and what property orders would be just and equitable. In relation to parenting, the court had to consider the children's best interests, including their living arrangements and the father's time with them, as well as the implications of the wife's proposed relocation. On the property side, the court needed to divide the parties' non-superannuation assets and address specific superannuation entitlements.

The court made detailed parenting orders, including that the children live with the wife and that she be permitted to relocate with them. The orders set out specific arrangements for the father's time with the children, including alternate weekends, mid-week communication, and significant portions of school holidays and public holidays, with provisions for communication via electronic means. The court also made orders regarding changeovers, injunctions to prevent denigration and discussion of proceedings in the children's presence, and provisions for medical and educational information sharing. In relation to property, the court ordered the discharge of a loan on the wife's vehicle and a division of the remaining net non-superannuation assets, with the wife to receive 70% and the husband 30%. The court also made specific orders regarding the retention of certain vehicles and bank accounts by each party, and a division of the husband's superannuation entitlements, with the wife to receive a specified amount. Further orders addressed the parties' entitlements to other property, joint bank accounts, insurance policies, liabilities, inheritances, and the severance of joint tenancies.