DONOVAN & BOWER

This matter concerned parenting arrangements for two children and the division of de facto property. The court was asked to determine whether the children should spend more than one week at a time in the father's care, and whether debts arising from the parties' property investments should be shared equally.

The legal issues before the court were primarily focused on the best interests of the children and the equitable distribution of financial resources within the de facto relationship. Specifically, the court had to consider the father's capacity to care for the children, including issues related to his substance use, and the appropriate allocation of responsibility for significant debts incurred during the relationship.

The court's reasoning led to orders that discharged previous parenting arrangements. The mother was granted sole parental responsibility, with the children to live with her. The father's time with the children was significantly structured, including specific weekday and weekend arrangements, holiday periods, and injunctions restraining him from illicit substance use prior to and during his time with the children. He was also ordered to undergo supervised drug testing. In relation to property, the court ordered the sale of two properties, with the proceeds to cover associated debts. Remaining debts were to be apportioned 75% to the respondent father and 25% to the applicant mother, with the father also ordered to pay a sum of $22,750 to the applicant.