Tony, aged 40 and Pepper, aged 37 have been married for 10 years and have two children Bruce, aged 7 and Natashia, aged 6. They live in an apartment in the Melbourne Docklands. When Bruce was born, the couple decided that Tony should give up his job as an electrician to look after him as Pepper's income, as a CEO of a large corporation, was far higher than his. Tony has not worked since then, but when Natashia went to school he started studying for a law degree at the VU University and he hopes to eventually qualify as a solicitor.

In the past year the marriage has not been as happy as it once was. Tony spends all his spare time studying and Pepper has been spending a lot of time with Daisy, a PA who works with her. Pepper has just admitted to Tony that they are having an affair and she wants to set up home with her. She wants the children to go and live with them in Daisy's house. She wants to sell the family apartment so that she and Daisy can buy a farm which is just outside Geelong, about 120 Kms away. Tony and Pepper's apartment is currently valued at $300,000 and is subject to a mortgage of $65,000. It is in joint names. Pepper's current income is $130,000 per year. Tony has managed to get a part time job as a Paralegal which pays $40,000. per year.

Tony wants the children to stay with him and asks your advice about the following matters:

1. Can he apply to the court for sole parental responsibility?
2. What will the court take into account in deciding with whom the children should live?
3. Will there be independent representation for Bruce and Natashia and if so, what does this entail?