VALLAS & VALLAS

In *Vallas & Vallas*, heard by Judge Small, the court considered parenting and property settlement disputes between the wife and husband. The wife sought sole parental responsibility for the parties' three children, orders regarding the children's time with the husband, and permission to change the children's surnames. The property settlement issues included the distribution of remaining funds from the sale of the family home, a superannuation split, and whether the husband should bear the costs incurred by the wife and children following their separation while on holiday in Greece.

The court was required to determine several key legal issues. In relation to parenting, the primary issues were whether sole parental responsibility should be granted to the wife, given her allegations of coercive and controlling behaviour by the husband, and what specific arrangements for the children's time with the husband and communication between the parties were in the children's best interests. The court also had to decide whether the wife should be permitted to change the children's surnames. On the property side, the court needed to determine the distribution of remaining sale proceeds from the family home, whether a superannuation split was warranted, and the husband's liability for the wife's and children's expenses incurred due to the separation in Greece.

The court's reasoning in the parenting orders was heavily influenced by the children's welfare, particularly in light of concerns about the husband's maturity and the impact of parental conflict. Judge Small found that the wife should have sole parental responsibility and that the children should live with her, while still providing for significant time and communication with the husband. The court also permitted the wife to change the children's surnames to include "Vallas" but not to the exclusion of that name. In relation to property, the court made detailed orders for the distribution of sale proceeds, the retention of specific assets by each party, and addressed the wife's claim for reimbursement of costs incurred in Greece, noting the circumstances of the separation as a factor requiring consideration. The court also considered the duration of the marriage, the wife's medical condition and care of the children, and the husband's reduced child support payments when making property orders.

The court made extensive parenting orders, including granting the wife sole parental responsibility and specifying detailed arrangements for the children's time with the husband, as well as communication protocols. The wife was permitted to change the children's surnames to include "Vallas". In the property settlement, the court ordered the distribution of monies from the sale of the family home, with specific amounts allocated to the wife's parents and the wife, and the remainder to be split equally. Various assets were ordered to be retained by each party, and the court addressed the wife's claim for costs incurred in Greece by ordering the husband to pay $10,000 to the wife's parents. The orders also stipulated that each party would be solely entitled to other property in their possession and that each party would forgo claims to the other's future inheritances or superannuation entitlements.