MCCULLY & MCCULLY

In *McCully & McCully* [2013] FamCA 860, the Family Court of Australia considered parenting and property matters between Mr McCully (the applicant father) and Ms McCully (the respondent mother). The dispute concerned the living arrangements and parental responsibility for the parties' two children, as well as the division of their property interests.

The court was required to determine the best interests of the children, including with whom they should live, spend time, and communicate. This involved considering the presumption of equal shared parental responsibility and whether it should be rebutted. Additionally, the court had to make orders regarding the sale of the former matrimonial home and the final division of the parties' property pool, taking into account factors such as the children's care arrangements and the parties' earning capacities.

Cleary J found that the presumption of equal shared parental responsibility was rebutted due to evidence of the mother's extreme emotional reaction to the separation, her lack of capacity to cooperate with the father, and her inability to separate her own interests from those of the children, which had caused them psychological harm. The court noted that allegations of violence and abuse by the father were unsubstantiated. Consequently, the father was granted sole parental responsibility, and the children were ordered to live with him. The mother was initially restrained from any contact with the children for six months, after which supervised time was to commence, contingent on her engaging in psychological intervention to address specific issues, including her role in undermining the children's relationship with their father and the psychological damage caused. In relation to property, the former matrimonial home was ordered to be sold, with the net proceeds divided 57% to the wife and 43% to the husband, after adjustments were made in favour of the husband for the children's full-time care and in favour of the wife to allow her to upgrade her skills for employment. Other assets, including a superannuation fund, vehicles, and personal property, were also divided.