Stanton & Stanton

In the matter of *Stanton & Stanton*, Williams J of the Family Court of Australia considered competing applications by the husband and wife concerning parenting arrangements for their three children, the division of their property pool, and child support. The wife, who had historically been the primary carer, sought to reduce the children's time with the husband, while the husband sought an equal time arrangement. The dispute also encompassed whether the wife should have sole parental responsibility or if there should be an order for equal shared parental responsibility. In relation to property, the parties disagreed on the composition of the asset pool, including claims for addbacks and the inclusion of liabilities, and the assessment of their respective contributions. The wife also sought a departure from the administrative assessment of child support.

The court was required to determine the best interests of the children in relation to parenting orders, specifically whether the existing arrangements should continue or be altered to an equal time model. A key issue was the allocation of parental responsibility, particularly concerning health decisions for one child. Furthermore, the court had to ascertain the full extent of the asset and liability pool for property division, considering disputed addbacks and liabilities. The court also needed to assess the parties' respective contributions to the marriage and determine whether adjustments were warranted under section 75(2) of the *Family Law Act 1975* (Cth), particularly in light of the husband's alleged failure to make full and proper disclosure. Finally, the court had to decide on the wife's application for a departure from the child support administrative assessment, specifically regarding periodic payments and educational and extracurricular expenses.

Williams J ordered that the children live with the wife and spend four nights a fortnight with the husband, finding these arrangements to be in the children's best interests. The court made an order for the wife to have sole parental responsibility for decisions relating to the health of one child, with specific consultation requirements with the husband. For all other decisions concerning the children, the parents were to retain equal shared parental responsibility. In relation to property, the court detailed the sale of various properties and the application of proceeds, including specific adjustments and liabilities to be attributed to each party. The court also ordered a departure from the administrative child support assessment, requiring the husband to pay all educational and extracurricular expenses for the children.