TREGEAR & MORPHETT

In the matter of Tregear & Morphett, Judge McGuire of the Family Court of Australia determined parenting and property matters between the parties concerning their young child and assets acquired during a short relationship.

The court was required to consider the comparative capacities of the parents to care for the child and to determine the division of property, applying an asset-by-asset approach and considering contributions and the factors set out in section 90SF of the relevant legislation.

In relation to parenting, the court ordered equal shared parental responsibility, with the child to live with the father and spend time and communicate with the mother on a fortnightly rotating schedule, with flexibility for agreed arrangements regarding holidays and birthdays. For property, the court ordered the respondent to pay the applicant a lump sum of $6,860 within sixty days, with a provision for $3,500 of that amount to be paid directly to the respondent's mother to satisfy a debt owed by the applicant. In all other respects, each party was to retain sole entitlement to assets in their possession or control and be solely responsible for liabilities in their name.