Kellar and Kellar

In the matter of Kellar and Kellar, heard before Faulks DCJ, the court addressed a range of issues concerning the children and the parties' property. The dispute involved cross-allegations between the parents, necessitating psychiatric assessments, consideration of anger management and child inclusive programs, and questions regarding the father's supervision during time with the children, potential drug use, denigration of the mother, and work arrangements. Property matters included resolving valuation issues and discovery concerning a loan, company financial records, and tax returns. Future income and earning capacity, particularly in light of the father's back injuries, were also identified as points for determination. The court also noted the potential for child support matters to be resolved within this proceeding if deemed more appropriate than existing appeal processes.

The court was required to determine the interim parenting arrangements for the children, R, L, ..., and F. This involved assessing the need for psychiatric evaluations of both parents, the father's participation in an anger management course, and the parties' engagement in a Child Inclusive Program. Further, the court had to consider the level of supervision required for the father's time with the children, the father's potential marijuana use, allegations of parental alienation, and whether the father's conduct was causing distress to the children. Property issues, including the valuation of assets and the discovery of financial documents, were also before the court.

The court ordered that the parties' lawyers arrange for psychiatric assessments of each parent, with the terms of reference to be agreed upon and settled by the court. The costs of these assessments were to be paid from the proceeds of the sale of the family home. The father was ordered to undergo a urinalysis test for drug residue, also to be funded from the sale proceeds. The father was directed to attend an anger management course, with a provision for extension based on the facilitator's advice. Both parents were to participate in the Child Inclusive Program, with the facilitator to determine the timing of their involvement. The presumption of equal shared parental responsibility was not to apply on an interim basis, and the children were ordered to live with their mother. The father's time with the children was to be supervised initially, transitioning to unsupervised time on Sundays from mid-September 2008. The arrangements for the children's handover were to occur at a specific location, overriding any existing apprehended violence order prohibitions. The matter was scheduled for a continuation event.