WOLTER & WOLTER

The case of Wolter & Wolter concerned a dispute between a mother and father regarding both their children and their property interests. The parties had agreed to equal shared parental responsibility for their children, who were primarily in the mother's care but maintained a significant relationship with the father. Both parents had been actively involved in the children's lives post-separation, but their relationship was highly conflicted. The father sought primary care of the children, alleging a risk of harm in the mother's care. In addition to the parenting dispute, the parties also sought orders for property settlement.

The court was required to determine whether the children were at risk of harm in the mother's care, necessitating consideration of Part VII of the Family Law Act 1975 (Cth) and a single expert report. The court also had to decide whether it was just and equitable to alter the parties' property interests and rights, assessing their respective contributions and considering factors under sections 79 and 75(2) of the Act, including the precedent set in *Stanford v Stanford*.

In relation to the children, the court did not accept the single expert's recommendation regarding live with/spend time arrangements. Instead, the court ordered that the children live with the mother and spend substantial and significant time with the father each week. For the property settlement, the court found it just and equitable to alter the parties' interests. After assessing contributions globally, with the mother's contributions as a homemaker and parent exceeding the father's, and considering other factors under section 75(2), the court made an adjustment of 11 per cent in the wife's favour. This resulted in the father receiving 72 per cent of the assets and the mother receiving 28 per cent, with further adjustments for capital gains tax and specific property sales.