KINGSTON & HISS

This case involved proceedings before Forrest J concerning parenting arrangements for three children and the adjustment of property following the dissolution of a de facto relationship. The primary dispute in the parenting matter centred on the mother’s care of the children, with findings that they were at an unacceptable risk of emotional abuse. The father had been granted sole parental responsibility on an interim basis, and the mother's time with the children was to be supervised. In the property proceedings, the mother had previously denied the existence of a de facto relationship to receive Centrelink benefits.

The court was required to determine the most appropriate parenting orders for the children, considering their best interests and the risks identified in the mother's care. This included deciding on the level of parental responsibility to be allocated to each parent, where the children would live, and the nature and extent of the children's time with the mother. Additionally, the court had to determine whether it was just and equitable to make property adjustment orders, given the mother's prior denial of the de facto relationship, and to assess the financial and non-financial contributions of each party to the relationship.

Forrest J reasoned that the children's best interests necessitated orders for the father to have sole parental responsibility, with the children to live with him. The mother's time with the children was to be supervised, reflecting the unacceptable risk of emotional abuse. The court found that the parties had been in a de facto relationship for approximately three years and four months, and despite the mother's prior conduct, it was just and equitable to make property adjustment orders. The court considered the financial and non-financial contributions of both parties to be relatively equal, with the father having made a significant initial financial contribution. Consequently, the father was ordered to pay the mother a net sum of $45,050, after accounting for various costs and debts owed between the parties. The Registry Manager was also directed to send a copy of the orders and reasons to Centrelink.