Kaigler and Kaigler and Anor

In the matter of *Kaigler and Kaigler*, Judge Burchardt of the Federal Circuit and Family Court of Australia made orders concerning both parenting and property matters. The parenting dispute involved the mother's concerns regarding the father's drug use and her application for hair follicle testing for the child. The property dispute concerned the division of assets after a relationship of approximately five and a half years, including the matrimonial home which the father owned prior to the relationship, and a potential loan from the father's father.

The court was required to determine the appropriate parenting arrangements for the child, particularly in light of the mother's concerns about the father's drug use and the recommendations of a family report. In relation to property, the court needed to ascertain the enforceability of a loan claimed by the father's father and to determine a just and equitable division of the parties' assets, considering the mother's substantially greater future needs.

On the parenting issues, the court made orders generally in accordance with the family report, which recommended supervised time for the father until he demonstrably ceased drug use. The orders included the mother having sole parental responsibility, the child living with the mother, and a staged introduction of supervised time between the father and child, with the father responsible for the costs. The father was also ordered to undergo hair follicle testing and supervised urine drug screens, and to complete a Men's Behavioural Change Program. The court also made orders regarding overseas travel for the child and the holding of the child's passport. In the property division, the court ordered that after sale of the matrimonial home and discharge of encumbrances, the net proceeds be divided 60% in favour of the mother and 40% in favour of the father. The court also made specific orders regarding the retention of various assets, including bank accounts, superannuation, and personal belongings, and ordered the father to pay specific costs to the mother's solicitors from his portion of the sale proceeds.