MARINO & SALVAI

This matter concerned parenting and property disputes between a mother and father regarding their two children, born in 2008 and 2011. The proceedings were heard by Judge Burchardt in the Federal Circuit Court of Australia.

The court was required to determine the living arrangements for the children, the allocation of parental responsibility, and the specific time the children would spend with each parent. Additionally, the court needed to resolve the division of property, including the disbursement of funds held in trust, the allocation of specific chattels, the future of a business, and the ownership of motor vehicles. The court also had to consider injunctive relief concerning the father's consumption of alcohol and drugs, and communication protocols between the parents.

The court ordered that all previous parenting orders be discharged and that the children live with the mother, who would have sole parental responsibility. Specific arrangements were detailed for the children's time with the father, including alternate weekends, telephone contact, and holiday periods, with provisions for the father's ability to cease work during school holidays. The court also imposed an injunction restraining the father from consuming alcohol above a blood alcohol level of 0.05 or any illegal drugs, with exceptions for prescribed and certain over-the-counter medications. In relation to property, the court ordered the disbursement of funds held in trust to pay various debts and sums to the husband and wife. Specific chattels were allocated to each party, the husband was to retain the business, and each party was to retain the motor vehicles in their possession. The court also severed any joint tenancies and clarified each party's sole entitlement to property in their possession, with each party indemnifying the other against liabilities encumbering their respective properties.