Malave & Ratcliffe

In a family law matter before Judge Riley, the court considered a dispute between a mother and father concerning their child, [X], and also addressed property division following a 22-year relationship where the father had primary care of the children. The proceedings involved allegations of severe alienation, neglect, and abuse, and were characterised as a high-conflict case. The central parenting issue was whether a change of residence for [X] was in her best interests and how her relationship with her mother could best be restored.

The court was required to determine the most appropriate parenting arrangements for [X], considering the allegations and the high-conflict nature of the parents' relationship. This included deciding on the allocation of parental responsibility for major long-term issues, where [X] should live, and the terms of her time with each parent. Additionally, the court had to resolve the division of property and debts accumulated during the parties' long-term relationship.

Judge Riley ordered that the parents share equal responsibility for decisions regarding [X]'s name and significant changes to her living arrangements that impact her time with a parent. However, the father was granted sole responsibility for all other major long-term issues, including education, religious and cultural upbringing, and health, subject to a requirement to consult with and genuinely attempt to agree with the mother, with the father having the final decision if agreement could not be reached. [X] was ordered to live with her father. The court also made detailed orders for [X] to spend time with her mother, with a phased increase in duration, and mandated the engagement of a Ms B to assist in reunifying [X] with her mother, with both parents and the children to attend upon Ms B as directed. The court further ordered that the proceeds of sale of the former family home be distributed with the husband receiving 65% and the wife 35%, and each party was to be solely responsible for their respective debts. Restraints were placed on both parents regarding abusive or critical behaviour towards each other in the presence of [X], and on the mother regarding corporal punishment or verbal abuse of [X]. The appointment of the independent children's lawyer was to be discharged on 5 February 2016.