Ulbek & Ulbek

The case of *Ulbek & Ulbek* concerned parenting and property settlement disputes between Ms Ulbek (the applicant wife) and Mr Ulbek (the respondent husband). The primary parenting dispute involved the care of the parties' three children: Y (born 2006), Z (born 2007), and X (born 2009). The children had resided with their mother since the separation. The eldest child, Y, has adolescent limited conduct disorder and exposes the younger children, Z and X, to anti-social behaviour. Z has high functioning autism, and X has a more severe form of autism. The wife's personality dysfunction was found to affect her ability to parent all three children in the same household. The court was required to determine the best interests of the younger children, Z and X, and to make orders regarding their living arrangements and parental responsibility.

The court was required to determine the appropriate parenting orders for the three children, considering the eldest child's conduct disorder and its impact on the younger children, who have autism. Specifically, the court needed to decide where the younger children should live, who should have parental responsibility for them, and the extent of the mother's future involvement in their lives. In relation to property, the court was asked to make a just and equitable property settlement order, considering disputes regarding monies paid and received from the husband's family, items for the balance sheet, and contributions under section 79(4)(d)-(g) of the *Family Law Act 1975* (Cth).

Justice Watts determined that it was in the best interests of the younger children, Z and X, to live with their father, with their time in the mother's household to be limited for an initial period of six months. The mother was also ordered to engage with a youth service for assistance with the eldest child's disorder. For property, the court adopted a global approach, dealing with all assets in one pool. The court made detailed orders for the division of assets, including payments to be made by the wife to the husband, the transfer of property interests, and the entitlement to various assets such as a property, jewellery, bank accounts, a motor vehicle, a business, and superannuation. The court also addressed disputes concerning family contributions and other matters relevant to a just and equitable settlement.