McCALL & McCALL

This matter concerned a parenting and property dispute between a mother and father regarding their twin children, born in 2010. One of the children has autism. The mother had been the primary carer, while the father had significant drug use issues and lacked insight into the impact of his conduct, resisting court-ordered assistance. The family report writer and Independent Children's Lawyer recommended that the father's time with the children be reserved, a position the father opposed, seeking immediate unsupervised time.

The court was required to determine the appropriate parenting orders, specifically concerning the father's time with the children, and to divide the parties' property. The sole remaining asset was the proceeds from the sale of the former matrimonial home, which the father had owned at the commencement of the relationship. The court also needed to consider the father's wastage of assets and the mother's contributions as the primary carer of the children.

In relation to parenting, the court found that the father's lack of insight and resistance to assistance, coupled with his drug use, meant that it was not in the children's best interests to have unsupervised time with him. The court adopted the recommendations of the family report writer and the Independent Children's Lawyer, granting the mother sole parental responsibility and ordering that the children live with her, with the father's time reserved. For the property settlement, the court determined that contributions were equal, but took into account the father's wastage. The non-superannuation assets were divided 60% to the wife and 40% to the husband, with each party retaining their superannuation. The mother was also to be reimbursed for the cost of a valuation report.