FLEISCHER & FLEISCHER

The Family Court of Australia considered parenting and property settlement matters between Ms Fleischer (the mother) and Mr Fleischer (the father) concerning their four children. The dispute was significantly shaped by allegations of family violence, with the mother alleging sexual assault and physical assault by the father, while the father denied these claims. The court also noted that both parties had a history of contravening interim parenting orders and ignoring state family violence orders.

The court was required to determine the children's living arrangements and the extent of time they would spend with each parent, considering the presumption of equal shared parental responsibility and whether it was rebutted due to family violence. Furthermore, the court had to address the allocation of parental responsibility and make orders that were in the best interests of the children, particularly in light of the breakdown in the children's relationship with their father due to a two-year separation. A property settlement was also to be determined, considering the parties' contributions and future care arrangements for the children.

The court found that while the mother's allegations of sexual assault were not established, the father had physically assaulted the mother on two occasions. The remaining allegations of family violence by the mother were not proven. Despite acknowledging the unreliability of both parties' evidence, the court determined that the children would benefit from meaningful relationships with their father and that there was no risk of harm to the children in the care of either parent. The court found that the mother had deliberately aligned the children against their father and that it was necessary to restore their relationship. The presumption of equal shared parental responsibility was rebutted due to the proven instances of family violence, and it was not in the children's best interests to allocate it. In the property settlement, the wife received 61% of the asset pool and the husband 39%, with an adjustment made in favour of the wife due to her likely future primary care of the children.

The court ordered that the mother have sole parental responsibility for the children for a period of 12 months, with the children residing with her and spending time with the father under supervision for the initial three months, followed by substantial and significant time. If the mother failed to ensure the children spent time with the father within 12 months, the father would be allocated sole parental responsibility, and the children would reside with him, spending no time with the mother for three months, thereafter spending substantial and significant time with her. The court also made specific orders regarding communication, the prohibition of corporal punishment and denigration, and the exchange of information regarding the children's health and education. The property settlement divided the net proceeds of the former matrimonial home, with the mother receiving $55,531 and the remainder to the father, who also indemnified the mother regarding liabilities to his parents. Other assets and debts were to be divided and borne by each party respectively.