Goldman and Goldman (No 2)

This case, heard by Cleary J, concerned parenting and property settlement disputes between the parties, Mr and Mrs Goldman. The parenting dispute centred on the children's residence and contact arrangements, with allegations of psychological harm and manipulation arising from exposure to emotional abuse. The property settlement involved the division of assets acquired during the relationship, with contributions made both during the marriage and post-separation being a key consideration.

The court was required to determine the best interests of the children, specifically whether their wishes should be given weight given their alleged manipulation and the attenuated relationship with their father. It also needed to assess the capacity of each parent to meet the children's needs and understand the impact of their conduct on the children's wellbeing. In relation to property, the court had to determine the extent of each party's contributions to the acquisition of assets, both during the relationship and post-separation, and how these contributions should be reflected in the final property division.

Cleary J concluded that no weight could be given to the children's wishes due to manipulation and the need to protect them from psychological harm. The court found the father to be a "good enough" parent capable of meeting the children's educational, financial, intellectual, and emotional needs, while noting the mother's limited capacity and the strong likelihood of the children refusing supervised contact. In the property settlement, the court found equal contributions during the relationship but adjusted the division by five per cent in favour of the wife for post-separation contributions, considering the father would have primary care of the children.

The court ordered that the children live with the father and initially have no time with the mother for a period of four weeks, with a phased introduction of supervised contact thereafter. In the property settlement, the court ordered the transfer of a property to the mother, with a significant payment to the father, or alternatively, a sale of the property with proceeds distributed in a specific ratio, reflecting a 57.5/42.5 per cent division in favour of the husband.