Wigfield and Dempsey

This case concerned parenting orders and property orders made by Judge Altobelli. The parenting orders addressed the parental responsibility for a child, specifying the living arrangements and time the child would spend with each parent, including during school terms, holidays, and on special occasions. The property orders dealt with the division of two properties, Property S and Property E, including the transfer of interests, responsibility for expenses, sale procedures, and the disbursement of sale proceeds.

The court was required to determine the specific arrangements for the child's time with each parent, including detailed provisions for school terms, holidays, and special occasions, as well as the process for making decisions about major long-term issues concerning the child. In relation to property, the court needed to establish the method for the sale of Property E, including agreement on agents and solicitors, and the distribution of sale proceeds, while also addressing the transfer of Property S and ongoing responsibilities for both properties.

The court applied principles of the *Family Law Act 1975* to make orders that it considered to be in the best interests of the child. This involved establishing a framework for shared parenting responsibilities, communication between parents, and the child's welfare, including provisions for counselling and mental health. For property, the court aimed for a just and equitable division, outlining clear steps for the sale and distribution of assets, including mechanisms for resolving disagreements and ensuring compliance with the orders.

The court made detailed parenting orders granting the mother sole parental responsibility, subject to specific consultation requirements with the father regarding major long-term issues. It also set out a comprehensive schedule for the child's time with the father and mother, along with provisions for communication, attendance at events, and health matters. Property orders included the transfer of the Property S property to the husband, with the husband indemnifying the wife for associated expenses. The Property E property was to be sold, with detailed procedures for private treaty or auction sale, and the proceeds to be disbursed after mortgage discharge and sale costs, with a specific percentage split between the parties. General orders covered the retention of personal property, responsibility for debts, and mechanisms for enforcement and interpretation of the orders.