Leroux and Leroux & Anor

In the matter of *Leroux and Leroux & Anor*, Rees J of the Family Court of Australia considered applications concerning the parenting arrangements for two children, aged 14 and 12, and a property settlement between the parents. The father sought orders for the children to live with him, alleging parental alienation by the mother and proposing immersion therapy to facilitate reunification. The mother also sought orders for the children to live with her. In relation to property, the wife sought an adjustment of property interests, including consideration of an inheritance she had received. An application for recusal of the judge on the grounds of apprehended bias was also before the court.

The court was required to determine the best interests of the children in accordance with section 60CC of the *Family Law Act 1975* (Cth), giving considerable weight to the children's expressed wishes, which indicated a rejection of their father. The court also had to consider the wife's application for a property adjustment, assessing the parties' respective contributions and the relevant section 75(2) factors, including the wife's illness and inability to return to work. Finally, the court had to rule on the application for recusal.

Rees J refused the application for recusal, finding no apprehended bias. In determining the parenting orders, the court concluded that it was in the children's best interests to cease immersion therapy and for the litigation to conclude, noting that orders for the children to spend time with the father were likely to lead to further litigation. Consequently, the court ordered that the children live with the mother and that she have sole parental responsibility for their long-term care, welfare, and development. The children were to spend time with the father only as they elected, with specific provisions for communication and the exchange of school information. Regarding property, the court assessed the wife's contributions at 60 per cent and made a further 10 per cent adjustment in her favour, resulting in a division of assets that included the sale of certain properties and the payment of specific sums between the parties.