HUTLEY & HUTLEY

In the matter of *Hutley & Hutley*, Justice Austin of the Family Court of Australia considered parenting and property settlement disputes between the mother and father concerning their two children. The parenting dispute involved the allocation of parental responsibility and the arrangements for the children’s time with each parent, particularly in light of allegations of family violence and the children’s regressive behaviours stemming from parental conflict. The property dispute concerned the division of assets, including the family home and various personal belongings.

The court was required to determine the most appropriate form of parental responsibility for the children, assessing whether equal shared parental responsibility or sole parental responsibility to the mother was in their best interests, given the ongoing conflict and the impact on their well-being. Additionally, the court had to establish specific parenting orders regarding the children’s living arrangements, time spent with each parent, communication, and the implementation of injunctions to protect the children from denigration and corporal punishment. In relation to property, the court needed to assess the parties' respective contributions and make orders for the sale and division of the family home and the distribution of other assets.

In its reasoning, the court found that allocating sole parental responsibility to the mother would likely exacerbate the existing conflict and its adverse effects on the children. Consequently, the court ordered equal shared parental responsibility, with the children to live with the mother. The father was ordered to spend time with the children on alternate weekends during school terms and for specific periods during school holidays, with adjustments made for public holidays and special occasions. The court also made orders restraining both parents from denigrating each other in the presence of the children and from inflicting corporal punishment. Regarding property, the court assessed the wife’s contributions at 37.5% and the husband’s at 62.5%, applying the principles in *Marriage of Kennon* (1997) 22 Fam LR 1. An adjustment of 10% was made in favour of the wife by agreement. The court ordered the sale of the family home, with specific directions for its listing and sale, and detailed the application of the proceeds. Various other assets were allocated to each party.