BROOK & BROOK

In *Brook & Brook*, the Family Court of Australia considered final orders concerning children and property following the dissolution of a 12-year marriage. The primary dispute involved the mother's allegations of physical and emotional abuse by the father, which she contended placed the child at risk. The mother sought to significantly limit the father's time with the child, proposing only after-school contact two nights a week and no overnight stays. Conversely, the father sought increased time with the child. The court also addressed the issue of parental responsibility, with the mother seeking sole responsibility and the father advocating for shared responsibility.

The legal issues before the court were whether the father posed an unacceptable risk to the child, what final orders regarding the child's time with each parent were in the child's best interests, and whether to grant sole or equal shared parental responsibility. Additionally, the court was required to determine a just and equitable division of the parties' property pool, including superannuation entitlements, considering their respective contributions and earning capacities.

Macmillan J found that the father did not pose an unacceptable risk to the child. Applying the paramount consideration of the child's best interests, the court determined that the child should spend significant and substantial time with the father. Consequently, orders were made for the child to spend progressively increasing time with the father, encompassing overnight stays, weekends, and school holidays. Regarding parental responsibility, the court noted recent evidence of the parties' ability to agree on child-related matters and their engagement in family therapy, leading to an order for equal shared parental responsibility. In relation to property, the court found it just and equitable to alter the parties' interests, acknowledging the mother's greater earning capacity and superior contributions during and after the marriage.

The court ordered an overall division of the asset pool, including superannuation, with a 60 per cent share in favour of the mother and 40 per cent in favour of the father.