Hemswold and Hemswold and Ors

Gill J of the Family Court of Australia made orders concerning parenting arrangements, financial restraints, interim spousal maintenance, and disclosure in the matter of Hemswold and Hemswold. The proceedings involved disputes between the Mother and Father regarding their child, X, and between the Husband and Wife concerning financial matters and property.

The court was required to determine appropriate parenting orders for the child, X, including living arrangements, time spent with each parent, and supervision requirements. Additionally, the court addressed the need for drug testing for the Father and his enrolment in a Men's Behavioural Change Program. Financial issues before the court included interim spousal maintenance, restraints on the Husband's access to company funds, disclosure obligations of both parties, and the valuation of a company. The court also considered the handling of specific company funds and the interim possession of chattels by the Wife.

In relation to parenting, Gill J ordered that X live with the Mother and specified supervised time with the Father, with increasing independence and supervision requirements over time. The Father was also ordered to undergo hair follicle and blood tests for specific drugs and to enrol in a Men's Behavioural Change Program. The court clarified that any inconsistencies with a Family Violence Order would render that order invalid to the extent of the inconsistency, pursuant to s 68Q of the *Family Law Act 1975*. For financial matters, the Husband was restrained from withdrawing funds from J Pty Ltd except in the ordinary course of business, and was ordered to pay interim spousal maintenance of $1,000 per week to the Wife. Both parties were ordered to provide extensive financial disclosure, and an independent expert was appointed to value the Company, with the Husband to bear the initial costs. The court also made orders regarding the handling of funds from F Company Insurance and the process for the Wife to obtain interim possession of chattels. The matter was subsequently transferred to the Registrar’s list pending further application or preparation for trial.