Thural & Thural

In *Thural & Thural*, Brown J of the Family Court of Australia determined final parenting, property, and spousal maintenance orders. The primary dispute concerned the wife's application to relocate the children from Melbourne to regional New South Wales, a disabled child's needs, and the husband's capacity to provide support. The court also addressed property division, including the sale of a jointly owned property and the division of superannuation, as well as spousal maintenance.

The legal issues before the court included whether to permit the relocation of the children, considering the needs of a disabled child and the husband's capacity to provide practical support, assistance, or respite care, particularly in light of his bipolar diagnosis. The court was also required to determine the division of property, including pre-marriage and post-separation contributions, and to assess spousal maintenance based on differing earning capacities and needs.

In relation to parenting, the court allowed the wife to relocate the children to regional New South Wales, finding that the husband's preparedness and capacity to provide support, despite his bipolar diagnosis, did not preclude the relocation. The court made detailed orders regarding the children's living arrangements, parental responsibility, and the time each child would spend with the husband, including provisions for communication and information sharing between the parents. For property, the court ordered the sale of the parties' real property, with the proceeds to be divided with a specific percentage to the wife and a fixed sum to her, followed by the balance to the husband. The court also made orders for the division of superannuation and the allocation of motor vehicles. Finally, the court ordered the husband to pay a lump sum for spousal maintenance to the wife.