GRIST & GRIST

In the matter of GRIST & GRIST, Cleary J considered parenting and property settlement disputes between the parties. The parenting dispute concerned the residence of the three children, their time with each parent, and parental responsibility, particularly in light of past family violence and the parents' respective mental health challenges. The property settlement involved the sale of the former matrimonial home and the division of assets, including superannuation.

The court was required to determine the most appropriate residence order for the children, balancing their expressed wishes with the need to manage risks associated with past family violence and parental issues. It also had to decide on the extent of equal shared parental responsibility, considering whether the presumption of equal responsibility was rebutted by evidence of family violence, and if so, whether to make orders for sole parental responsibility. Furthermore, the court needed to make orders for the sale of the former matrimonial home and the division of the net proceeds, as well as a split of superannuation interests, taking into account the parties' contributions and future needs.

Cleary J ordered that the children reside with the mother, discharging all prior parenting orders. The parties were to have equal shared parental responsibility, subject to specific provisions regarding medical and psychological treatment and school enrolment, reflecting the mother's improved mental health and the benefit of joint decision-making. A detailed schedule for the children's time with the father was established, commencing with supervised time and progressing to unsupervised alternate weekends and specific holiday periods, with a view to gradually increasing his involvement. The court ordered the sale of the former matrimonial home, with the net proceeds to be divided 68.5% to the wife and 31.5% to the husband, aiming for an overall asset split of 65% to the wife and 35% to the husband, taking into account income disparity and the wife's responsibilities. A superannuation split was also ordered in accordance with section 90K of the *Family Law Act 1975* (Cth).