Bradley & Bradley

In the matter of *Bradley & Bradley*, Bennett J of the Family Court of Australia considered applications by both the husband and wife concerning their children and property. The dispute involved interim parenting arrangements for the parties' two sons, born in 1998 and 2003, and the preservation and sale of marital assets, including a commercial property and the former matrimonial home. The court also addressed the safekeeping of the children's passports and the need for paternity testing.

The legal issues before the court included determining interim living and spending time arrangements for the children, the sale of a commercial property, the sole use and occupation of the former matrimonial home, and the preservation of the parties' assets through injunctive relief. The court was also required to consider the husband's application for paternity testing of the children and to make orders regarding the children's passports and their removal from Australia.

Bennett J made a series of interim orders addressing these issues. Paternity testing was ordered at the husband's cost, with the Independent Children's Lawyer to manage the process. The husband was directed to facilitate the sale of the commercial property, with proceeds to be applied to debt and any balance invested. The wife was granted sole use and occupation of the former matrimonial home, with the husband to vacate by a specified date. Interim parenting orders were established, detailing alternate weekend and other weekend time with the father, conditional on the suitability of his new residence being assessed by the Independent Children's Lawyer. The court also imposed injunctions restraining parties from dealing with certain assets and credit facilities in a manner that would diminish their value, and ordered the wife to deposit the children's passports with the Registry Manager. Furthermore, the court ordered a family report to be prepared by a psychologist, Mr H, with costs to be shared equally, and made orders preventing the children's removal from Australia.

The court adjourned extant applications to a future date for determination of financial matters, variations to injunctions, and any changes to parenting orders consequent upon the family report. Liberty was reserved for parties to apply urgently regarding non-compliance or alternative parenting arrangements. The court also made orders regarding communication between parents, including the establishment of a communication book, and noted that parental responsibility remained unaltered.