Kilpatrick & Kilpatrick

The case of Kilpatrick & Kilpatrick concerned parenting arrangements and property settlement between a mother and father. The primary dispute revolved around the parenting arrangements for the youngest child, with the mother seeking a finding that the child was at unacceptable risk of psychological harm due to the father's conduct. The court also addressed the division of the parties' assets and liabilities.

The legal issues before the court included whether the youngest child was at an unacceptable risk of psychological harm from the father's conduct, and if so, what parenting orders were appropriate. Additionally, the court was required to determine the appropriate division of the parties' property, considering their respective contributions, financial circumstances, and the significant financial gift received by the mother from her parents.

The court found that the evidence established a risk of psychological harm to the youngest child from exposure to parental conflict, even if permanent supervision might mitigate the risk of sexual abuse. Consequently, the court made no orders for the youngest child to spend time or communicate with the father, granting the mother sole parental responsibility. Regarding property settlement, the court determined that the mother's contribution-based entitlement should be assessed at 60 per cent, reflecting her higher income and the substantial gift from her parents. An adjustment in her favour was made, expressed as a lump sum payment to the father, to alleviate the financial burden of raising the children over the next five years.