D v B [No 2]

The appeal concerns a decision of the Family Court of Western Australia, where Moncrieff J made orders regarding the custody and access of two children born from the relationship between the appellant (father) and the respondent (mother), along with a property settlement. The primary judge ruled that the mother would have sole parental responsibility and the father would have supervised fortnightly access for up to two hours. Additionally, the judge ordered the sale of a jointly owned property, with the mother receiving 70% of the proceeds after mortgage discharge and the father receiving 30%. The father appeals against these orders, particularly the supervision condition on his access to the children and the property division.

The legal issues before the court included whether the primary judge was correct in imposing supervised access on the father due to concerns of psychological abuse and inappropriate behaviour towards the children. This decision hinged on the relevance of the father's prior conduct. Additionally, the court examined whether the property settlement was against the weight of the evidence, focusing on the contributions of both parties and the overall fairness of the division.

In addressing the appeal, the court found that the primary judge had adequately considered the evidence regarding the father's conduct and determined that unsupervised access could expose the children to psychological abuse. The court upheld the order for supervised access, noting the importance of the children's psychological well-being. Regarding the property settlement, the court found that the primary judge's decision was reasonable, considering the overall contributions and financial circumstances of both parties.

The appeal was dismissed, and the original orders of the primary judge were upheld. The father's access to the children remained supervised, and the property settlement stood as ordered. The court emphasized the necessity of protecting the children and ensuring a fair division of assets based on the evidence presented.