Cruz and Cruz (No.2)

In *Cruz and Cruz (No.2)*, heard by Judge Burchardt in the Federal Circuit Court of Australia, the court considered applications concerning parenting arrangements, spousal maintenance, and property settlement between the parties. The dispute involved the welfare and living arrangements of the child, the financial support of the applicant spouse, and the division of the parties' assets, including superannuation interests.

The legal issues before the court included determining the most appropriate parenting orders for the child, specifically regarding parental responsibility, living arrangements, and time spent with each parent, while also addressing the need for counselling and preventing denigration. The court was also required to assess and make orders regarding spousal maintenance, considering the existing maintenance obligations and the duration of such payments. Furthermore, the court had to determine the division of the parties' superannuation interests and other property, including the mechanism for transferring a portion of the respondent's superannuation to the applicant.

The court's reasoning led to the discharge of previous parenting orders and the establishment of new arrangements. The applicant was granted sole parental responsibility, with a requirement to consult the respondent on major decisions, and the child was ordered to live with the applicant. The child was to spend time and communicate with the respondent as per the child's wishes. The court also mandated separate parent counselling for both parties and, if the child agreed, joint family counselling. Crucially, both parties were restrained from denigrating the other or discussing the proceedings in the child's presence. Regarding spousal maintenance, the weekly payment amount was reduced, and the duration of payments was specified. In relation to property, the court made orders pursuant to s 90MT(1)(a) of the *Family Law Act 1975* to facilitate the payment of a specified amount from the respondent's superannuation interest to the applicant, with provisions for the trustee and restraints on the respondent to prevent prejudice to the applicant's entitlement. Other property was to be retained by each party respectively, with each party solely liable for any liabilities encumbering their respective properties.

The court ordered the discharge of all previous parenting orders and made new orders regarding the child's living arrangements, parental responsibility, and communication with both parents, along with mandatory counselling and prohibitions against denigration. Spousal maintenance was reduced to $300 per week until April 2019, with an existing attachment of earnings order remaining in force. A significant portion of the respondent's superannuation was to be paid to the applicant, with specific provisions for the superannuation trustee and restraints on the respondent. All other property was to be retained by each party, and each party was to be solely liable for their respective liabilities. All applications were otherwise dismissed.