JACOBS & BARNETT

In the matter of *Jacobs & Barnett*, Hannam J of the Family Court of Australia determined complex parenting and property matters between the parties. The parenting dispute concerned the living arrangements and time spent between the child and each parent, with significant concerns raised regarding the mother's partner's family and the mother's capacity to protect the child from harm. The property proceedings involved the division of matrimonial assets, including a jointly owned property and superannuation interests.

The court was required to determine the best interests of the child, including assessing the risk of harm posed by the mother's partner's family and the father's alcohol consumption. Key legal issues included the allocation of parental responsibility, the child's primary residence, the extent of time the child would spend with each parent, and the imposition of specific conditions on each parent to ensure the child's safety and well-being. In relation to property, the court had to consider the division of the family home and the appropriate adjustment of superannuation interests.

Hannam J applied the principles of the *Family Law Act 1975* (Cth), particularly focusing on the paramountcy of the child's best interests. The court found that the mother's partner's family posed an unacceptable risk of harm to the child, necessitating orders to prevent contact. The father's alcohol consumption also presented a risk, leading to specific prohibitions. The court concluded that the parents had a highly conflicted relationship with limited capacity for joint decision-making, leading to the father being granted sole parental responsibility. The court also made orders for the division of the property, including an option for the husband to purchase the wife's interest in the family home, and a superannuation split in accordance with the relevant regulations.

The final orders provided for the child to live primarily with the father, with specific arrangements for the child to spend time with the mother, subject to strict conditions. These conditions included the mother ensuring the child had no contact with certain members of her partner's family and the father abstaining from alcohol before and during his time with the child. The property orders allowed the husband to purchase the wife's interest in the home or, failing that, for the property to be sold, with proceeds disbursed accordingly. A superannuation split was also ordered, allocating a specific amount to the wife from the husband's superannuation interest.