COULTER & COULTER

In the matter of COULTER & COULTER, Berman J of the Family Court of Australia considered interim parenting, property, and subpoena issues between the husband and wife. The wife sought equal shared parental responsibility, the children to live with her and spend significant and substantial time with the husband, and sought to set aside a binding financial agreement and obtain spousal maintenance. The husband sought sole parental responsibility, the children to live with him and spend time with the wife as ordered, and sought an order for the wife to attend a psychiatric assessment. Both parties alleged domestic violence, and an intervention order was in place naming the husband and children as protected persons.

The Court was required to determine several legal issues, including its jurisdiction to order a party to attend a psychiatric assessment, the appropriate interim parenting arrangements for the children, the wife's claim for spousal maintenance, and the use of subpoenas in the proceedings. The Court also had to consider the parties' differing views on corporal punishment and the allegations of domestic violence.

Berman J determined that the Court did not have jurisdiction to compel a party to attend a psychiatric assessment for the purpose of an assessment, but ordered that the parties and children attend upon a family consultant for a family report. The Court made orders for equal shared parental responsibility, with the children to live with the wife and husband on an alternating weekly basis, subject to adjustments upon commencement of the school year. The Court also ordered the husband to pay interim spousal maintenance to the wife. Injunctions were granted restraining the parties from physically disciplining the children, taking them to mental health professionals without consent, discussing proceedings in the children's presence, and issuing further subpoenas without leave of the Court. The Court also ordered that the parties be restrained from removing the children from Australia and placed their names on the Airport Watchlist.