HEIDER & HEIDER

In the matter of HEIDER & HEIDER, Cleary J of the Family Court of Australia considered parenting and property disputes between the parties. The parenting proceedings concerned the living arrangements and parental responsibility for the parties' two children, born in 2013 and 2016. The property proceedings involved the division of the parties' assets, including their former family home and superannuation interests.

The court was required to determine with whom the children should live and spend time, and whether the presumption of equal shared parental responsibility applied, considering the children's best interests and protection from harm. In relation to property, the court needed to ascertain what adjustment, if any, should be made to the parties' respective interests in their property pursuant to section 75(2) of the Family Law Act 1975 (Cth), having regard to their contributions and future needs.

On the parenting issues, the court found that the presumption of equal shared parental responsibility was rebutted. This was due to the father's deteriorating mental health and consequent behaviour, which had led to fear and his current incarceration, resulting in the children living with the mother and having no contact with the father for over a year. The court concluded there was no prospect of restoring a meaningful relationship and that the children required protection from family violence and psychological harm. Consequently, the court ordered that the mother have sole parental responsibility and that the children live with her. The court also imposed significant restraints on the father, preventing him from approaching the mother's residence, workplace, and any venues attended by the children. Regarding property, the court noted that the parties' contributions during the relationship were equal. However, the husband had unilaterally dispersed assets after separation, and the wife, as the sole carer, had greater future needs. The court therefore ordered an adjustment of interests in property, allocating 60 per cent to the wife and 40 per cent to the husband, including a specific allocation from the husband's superannuation fund.