Graham and Kovacs (No 4)

In the matter of *Graham and Kovacs (No 4)*, Tree J of the Family Court of Australia considered parenting and property disputes between the parties. The parenting dispute concerned the sole parental responsibility for the children, their living arrangements, and the extent of the father's time and communication with them. The property dispute involved a net financial position of debt, with a mortgagee having exercised its power of sale.

The court was required to determine the most appropriate parenting orders for the children, specifically whether the mother should have sole parental responsibility and for the children to live with her. It also had to consider the father's capacity to be a primary carer, particularly in light of an acquired brain injury affecting his behaviour, and whether overnight time with the father was in the children's best interests. In relation to property, the court needed to address the parties' equal liability for a significant debt arising from a previous mortgage.

Tree J ordered that the mother have sole parental responsibility for the children, who are to live with her. The father is restrained from contacting or attending the children's school, except as provided for in the orders. The children C and D are to spend unsupervised time with the father on the first and third Sunday of each month, with specific conditions regarding attendance and the possibility of suspending further time if the father fails to attend on three consecutive occasions. Additional limited unsupervised time is permitted on specific birthdays and holidays, subject to agreement on an alternative venue and time. The father is to bear all costs associated with contact. Child B is not required to spend time with the father unless she expresses a desire to do so, in which case the same orders will apply. Regarding property, each party is declared the sole beneficial owner of property held in their sole name, and both parties are declared jointly and equally liable for the outstanding mortgage debt.