LEOS & LEOS

The case of *Leos & Leos* concerned parenting and property disputes between the parties. In relation to parenting, the father sought orders for the children to live with him, alleging the mother was verbally and physically abusive. The father sought to tender illegally obtained recordings as evidence. The mother conceded to some instances of verbal abuse. Both parties had a history of making allegations against each other to authorities. The court was required to balance the risk to the children posed by the mother's behaviour against the risk of changing their residence. In relation to property, the parties sought an adjustment of their property interests after a seven-year cohabitation, during which the father worked and the mother was the primary homemaker and caregiver.

The court determined the legal issues surrounding the children's residence and time with each parent, considering allegations of family violence and the expert's recommendation. It also addressed the division of the parties' property pool, including the former matrimonial home, taking into account their respective contributions and financial factors under section 75(2) of the *Family Law Act 1975* (Cth). The court also considered the addition back of the father's paid legal fees from previous proceedings into the property balance sheet.

The court ordered that the children live with the mother and spend significant and substantial time with the father, with equal shared parental responsibility for long-term decisions. The property division resulted in a 60 per cent split in favour of the mother and 40 per cent to the father, with each receiving 50 per cent of the sale proceeds of the former matrimonial home, after the father's child support arrears were paid from his entitlement.