Leone and Cino (No 5)

In the matter of *Leone and Cino (No 5)*, Johns J of the Family Court of Australia considered applications by the wife concerning the children and the former matrimonial home. The wife sought sole parental responsibility for the children, that they live with her, and spend no time with the husband. She also sought orders for the husband to vacate the former matrimonial home to facilitate its sale, and for a warrant of possession if he failed to do so. The husband had discontinued his parenting applications and ceased contact with the children, with the wife alleging family violence and an unacceptable risk of harm to the children.

The court was required to determine the parenting arrangements for the children, specifically whether to grant the wife sole parental responsibility and order that the children live with her and spend no time with the husband, considering the husband's alleged family violence and erratic behaviour. Additionally, the court needed to address the sale of the former matrimonial home, given the husband's sole possession since separation, his failure to comply with previous sale orders, and the mortgagee's enforcement proceedings. The court also had to consider the practical difficulties and expense of the children spending time with the husband, and the capacity of each parent to provide for the children's needs.

Johns J reasoned that the wife had fulfilled her obligation to maintain the children and that the husband had not always met his child support obligations. The court found that the existing arrangements, where the children had lived with the wife and had no contact with the husband since June 2015, represented no change and should continue, given the husband's erratic and concerning behaviour, including attempts to disrupt court processes, private criminal prosecutions against legal professionals involved, and ceasing contact with the children. The court was satisfied that the wife's concerns about the risk of harm to the children were well-founded and that their best interests were served by continuing the existing arrangements, meaning no orders for the children to spend time or communicate with the husband. Regarding the property, the court noted the husband's failure to comply with previous sale orders and the mortgagee's actions, concluding that no final property settlement could be made until the assets were valued.

Consequently, the court ordered that all previous parenting orders be discharged, that the wife have sole responsibility for the children's long-term care, that the children live with the wife, and that they spend no time with the husband. The court also appointed the wife as trustee for the sale of the former matrimonial home, ordered the husband to vacate within 21 days, and stipulated that a warrant of possession would issue if he failed to comply. The wife was authorised to take all necessary steps to sell the property, including dealing with the mortgagee and preparing the property for sale, with the Registrar appointed to sign documents on behalf of a defaulting party.