WORTH & WORTH

This case involved a dispute between a mother and father concerning parenting arrangements for their two children, M and Y, and the division of their property. The father had been residing in the United Kingdom for sixteen months, while both children have autism spectrum disorder, with the son being at the extreme end of the spectrum. The court also considered an application by the father alleging contravention of previous orders by the mother.

The primary legal issues before the court were: (1) with whom the children should live and what parental responsibility arrangements should be in place, considering the father's overseas residence and the children's specific needs; (2) whether the mother had contravened parenting orders; and (3) how the parties' property interests should be adjusted, including the impact of a prenuptial agreement and the mother's legal fees.

Forrest J determined that it was in the children's best interests for the mother to have sole parental responsibility for major long-term issues, with specific provisions for the father to be consulted on such decisions and for any relocation that would significantly impede his time with the children to require his written consent. The court found the mother had contravened some of the alleged counts. In relation to property, the court made a final adjustment, including a notional add-back of the mother's legal fees and a superannuation splitting order, finding it just and equitable to make an adjustment in favour of the mother pursuant to s 75(2) of the *Family Law Act 1975*. The children were ordered to live with the mother, with detailed provisions for the father's time with them, including a phased approach to increasing contact and specific arrangements for communication and changeovers.