Doven and Doven (No 2)

This case concerned parenting and property disputes between Ms Doven (the mother) and Mr Doven (the father) regarding their two children, R (born August 2003) and J (born January 2006). The court was required to determine the living arrangements and time spent with the children, as well as the division of the parties' property. Allegations were made that the children were at an unacceptable risk in the mother's care, which the court ultimately found not to be the case.

The legal issues before the court included the determination of parenting orders, specifically with whom the children would live, spend time, and communicate. The court also had to address property settlement, including the division of superannuation and the concept of "add-backs" in relation to certain financial matters. The central dispute regarding the children involved allegations of violence and the mother's alleged unsuitability as a primary caregiver.

Benjamin J made orders discharging previous parenting arrangements and establishing equal shared parental responsibility. The children were ordered to live with the mother, with specific, detailed alternating time arrangements with the father during school terms, holidays, and for birthdays and Christmas. The court also made detailed orders regarding the children's medical care, including the appointment of a paediatrician and restrictions on general practitioner visits, as well as provisions for complementary therapies. The property orders involved the transfer of the former matrimonial home to the mother, with her assuming sole liability for the mortgage, and the division of various other assets including residential properties, bank accounts, superannuation, and vehicles. The father was to pay a sum to the mother, and certain "add-backs" were allocated to the father.