BOCELLI & HOLLAND

In the Family Court of Australia, before Tree J, the proceedings concerned parenting and property disputes between the mother and father of a child, B. The parenting dispute arose in the context of a long history of family violence, with both parents posing a risk of psychological harm to the child. The older children of the parents had suffered harm, and all children had been diagnosed with mental health issues. Extended family members also posed a risk. The father did not accept that the children's psychological harm and poor life outcomes were a consequence of his and the mother's exposure to conflict. The property proceedings were not ready for trial, with the parties' contributions assessed as equal and a net debt existing.

The court was required to determine the most appropriate parenting orders for the child, B, given the significant risks of harm and the parents' inability to communicate effectively or support shared parental responsibility. This included deciding whether to order sole parental responsibility and with whom the child should live and spend time. The court also had to address the property matters, including the payment of school fees and the use of residual sale proceeds.

Tree J reasoned that while the existing orders did not fully protect the child from harm, leaving the parties without any regime would likely result in a worse outcome. The court found that the parents coerced the children to take sides and that their communication was insufficient for shared parental responsibility. Consequently, the court ordered that the father have sole parental responsibility for B, with the child to live with the father and spend time with the mother. Specific conditions were imposed regarding contact with certain extended family members. The court also ordered the parents to attend counselling, funded by the net proceeds of a property sale and equally thereafter, and directed that the child also attend counselling. In relation to property, the father was ordered to pay the mother a sum for school fees, and otherwise, the parties were to retain assets in their name.