Event and Time
Event Description
The case involves a dispute between Ms. Manesh (the wife) and Mr. Manesh (the husband) regarding parenting orders for their daughter, X, aged 15, and the adjustment of property interests following their separation. The couple was married for 23 years and has two children. The proceedings were protracted, commencing in August 2019 and culminating in a final judgment in November 2021.
Application and Claims
- Parenting Orders: The wife sought sole parental responsibility for X, asserting that the father had a history of family violence and that X did not wish to spend time with him.
- Property Settlement: The wife aimed for a 60/40 division of their combined assets, highlighting contributions made during the marriage and her claims of the husband's failure to disclose financial information.
- Costs: The wife and Independent Children’s Lawyer sought costs due to the husband's conduct prolonging the final hearing.
Judicial Decisions
- The court granted the wife sole parental responsibility and ordered that X live with her, allowing communication with the father only at X's discretion.
- Regarding property, it ordered a payment from the husband to the wife and detailed the transfer of property rights.
- The husband was ordered to pay costs due to his behavior in court proceedings.
Dispute Points and Legal Basis
Dispute Points
- Wife's Arguments:
- Declarations of sustained family violence impacting her and the children's well-being. - Claims for a greater share of property due to her contributions and the husband's non-disclosure of assets and income.
- Husband's Arguments:
- Contestation of the allegations of family violence. - Argument for equal shared parental responsibility and no desire for exclusive custody. - Assertion that his contributions were greater, seeking a 58/42 asset division in his favor.