CLEMENTS & CLEMENTS

In the Family Court of Australia, Benjamin J considered applications by both the mother and the father concerning their three children. The father sought orders for the children to live with him, a moratorium on the mother's time with the children during intensive therapy, and a gradual reintroduction of the mother's time thereafter. The mother sought orders for the children to live with her and spend time with the father as agreed, taking into account the children's views. The court also addressed property division between the parties.

The primary legal issues before the court were the parenting arrangements for the children, specifically where they would live and the nature of their time spent with each parent, including parental responsibility for significant decisions. Additionally, the court was required to determine the just and equitable division of the parties' property interests, considering their respective contributions, including superannuation and inheritances.

The court ordered that the children live with the mother and that the father have supervised time with the children as agreed between the parties, with communication limited to cards and gifts on birthdays and Christmas. The mother was granted sole parental responsibility for decisions regarding the children's education and health, subject to notifying and considering the father's wishes. Equal shared parental responsibility was ordered for decisions concerning religious and cultural upbringing, name changes, and living arrangements. The court also ordered the parties to attend family therapy for psycho-education and to re-establish the father's relationship with the children, with the mother to ensure the children's attendance at recommended visits. In relation to property, the court made orders for the division of interests, finding it just and equitable to do so.