Blan and Faulconer Blan (No 2)

In the matter of *Blan and Faulconer Blan (No 2)*, Stevenson J of the Family Court of Australia considered parenting and property disputes between the parties. The parenting dispute concerned the allocation of parental responsibility and the residence of the children, E, F, and K. The property dispute involved the division of assets and liabilities between the parties.

The court was required to determine the best interests of the children in allocating parental responsibility and deciding with whom they should live, particularly in light of serious allegations against the father. The presumption of equal shared parental responsibility was not to be applied. In relation to property, the court needed to ascertain whether it was just and equitable to make orders altering the parties' interests, considering their respective incomes and other relevant factors under section 75(2) of the *Family Law Act 1975* (Cth).

Stevenson J found that the father had sexually abused a member of the mother's family prior to the marriage, despite earlier charges being dismissed. The court also noted evidence suggesting the father may lack the capacity to meet the children's psychological needs. Consequently, the presumption of equal shared parental responsibility was displaced, and sole parental responsibility was allocated to the mother. The children were ordered to live with the mother, with the father to have supervised time with F and K, subject to specific conditions and commencement dates. The court also made property orders requiring the wife to pay a sum of money to the husband and to transfer a motor vehicle, while the husband was to transfer his interest in a property to the wife, with alternative provisions for the sale of the property if the payment was not made.