Worley & Worley (No. 2)

This case concerned parenting and property settlement disputes between a husband and wife. The wife sought sole parental responsibility for the three children of the marriage and permission to relocate with them from Tasmania to Queensland. The court was also required to determine the division of the parties' property.

The legal issues before the court included whether to grant the wife sole parental responsibility for the children, whether to permit the relocation of the children to Queensland, and how to achieve a just and equitable division of the parties' property, taking into account their contributions and other relevant factors. The court also had to consider the best interests of the children in making parenting orders, including the extent of the husband's future involvement with them.

Benjamin J reasoned that the wife should have sole parental responsibility and be permitted to relocate the children to Queensland, finding that this was in the children's best interests. In relation to property, the court found that the parties' contributions were equal, but an adjustment was warranted in favour of the wife due to her role as primary carer and the husband's failure to exercise his earning capacity. The court ordered that the balance of the proceeds from the sale of the former matrimonial home be paid to the wife, resulting in an approximate 60/40 division of the property. Specific orders were made regarding the husband's supervised time with the children, communication, and the handling of family photographs.