HEDLUND & HEDLUND

In the Family Court of Australia, Judge B Smith presided over proceedings between Ms Hedlund and Mr Hedlund concerning parenting and property matters. The dispute arose after a 10-year cohabitation, with two children aged 8 and 7. The elder child has significant needs due to diagnoses of autism and intellectual disability, while the younger child also has autism. The court was required to determine final parenting orders and property division.

The court was tasked with determining the best interests of the children, particularly in light of allegations of long-term emotional abuse and family violence by the father, including encouraging the elder child to assault the mother and abscond, thereby endangering both children. The court also had to consider the mother's submission for a 75/25 property split, arguing she brought in a major asset and was unable to work due to the children's needs, contrasted with the father's submission for a 70/30 split.

In reaching its decision, the court found that the father's conduct, including his encouragement of the elder child to assault the mother and abscond, had damaged the child's relationship with the primary carer and put both children at risk. The court concluded that supervision was not a long-term option and that the elder child would likely settle quickly if the father's influence was removed. Applying these findings to the parenting orders, the court discharged all prior orders and granted the mother sole parental responsibility, with the children to live with her. Crucially, the court ordered that the children spend no time with and have no communication with the father, with any variation to be at the mother's absolute discretion and only if she considered it to be in the children's best interests. The court also issued an injunction restraining the father from contacting the mother or children and from approaching them or their places of residence or attendance. Regarding property, the court ordered a 75/25 split in favour of the mother, reflecting her contribution of a major asset and her inability to work due to the children's needs.