CHARLTON & CHARLTON

In *Charlton & Charlton*, Riley J of the Family Court of Australia considered parenting and property settlement disputes between the mother and father. The mother alleged serious controlling and abusive behaviour by the father. A family consultant recommended the continuation of equal shared care arrangements for the parties' three sons. The father had a history of verbally abusing a stepson and ejecting him from the family home.

The court was required to determine whether the existing parenting arrangements were in the best interests of the three boys, particularly in light of the mother's allegations of the father's controlling and abusive behaviour. Additionally, the court had to consider whether the husband's alleged abusive and controlling behaviour met the threshold established in *Kennon* for an adjustment of the property settlement.

In relation to parenting, Riley J found that the father's behaviour, including the verbal abuse and ejection of a stepson, was not conducive to the children's best interests. The court determined that the family consultant's recommendation for equal shared care was not appropriate in these circumstances. Regarding the property settlement, the court found that the father's behaviour did not satisfy the stringent test in *Kennon* to warrant an adjustment to the property division.

Consequently, the court ordered that the children live with the mother and spend time with the father on a limited basis, specifically on alternate weekends and for two hours on a Tuesday evening. In the property settlement, the court ordered an equal division of the net property pool.