BIRCH & MILLETT (No.2)

In the matter of *Birch & Millett (No.2)*, Judge Kirton of the Family Court of Australia considered parenting and property disputes between a mother and father concerning their three children. The mother sought to relocate with the children to [country omitted], while the father sought orders for the children to live with him. The case also involved allegations of family violence and drug use, and the court was required to determine the best interests of the children in light of these circumstances.

The court was tasked with determining whether to permit the mother's international relocation of the children, and if so, to establish parenting arrangements that would facilitate ongoing involvement of both parents. Additionally, the court addressed property settlement issues, including the notional add-back of a sum received by the husband post-separation, the assessment of contributions, and the provision of spousal maintenance. The court also made orders regarding the division of superannuation interests.

In relation to parenting, the court found it to be in the children's best interests to permit the mother to relocate with them to [country omitted], while also ordering equal shared parental responsibility. The children were ordered to live with the mother, and detailed arrangements were made for the father's time with the children both prior to and following the relocation, including provisions for travel and communication. The court also ordered the husband to complete a Men's Behaviour Change Program and imposed restraints on both parents regarding discussions about the proceedings and denigration of the other parent.

On the property and spousal maintenance front, the court determined it was just and equitable to make property orders, assessing contributions as equal. A lump sum spousal maintenance payment was ordered to the wife, with an adjustment made pursuant to s.75(2) factors. The court also made specific orders regarding the division of superannuation interests, allocating a base amount to the wife and outlining the process for future payments. The proceeds of a specific property were divided, with a larger portion allocated to the wife.