McGregor and McGregor

The Federal Circuit Court of Australia considered parenting and property matters between Mr McGregor (applicant father) and Ms McGregor (respondent mother) concerning their three children, [X] (born 1998), [Y] (born 2003), and [Z] (born 2003). The primary dispute centred on the children's living arrangements and parental responsibility, with the father seeking orders for the two boys to live with him and the daughter with the mother, while the mother sought sole parental responsibility and for all three children to live with her. The court also addressed property division and child support.

The court was required to determine the best interests of the children in relation to their living arrangements and parental responsibility, considering the capacity of each parent to foster the children's relationship with the other parent. Key issues included whether the children should be separated, the necessity of a moratorium on the father's time with the children pending therapeutic intervention for the parents and children, the weight to be given to the family report's recommendations, and the need to address the oldest child's disobedience and anti-social behaviours. In relation to property, the court had to consider the division of assets, including superannuation entitlements, and any necessary adjustments under section 75(2) of the *Family Law Act 1975* (Cth). The court also considered an application to depart from a child support assessment under section 116(1)(b) of the *Child Support Assessment Act 1986* (Cth).

The court's reasoning focused on the long-term best interests of the children, acknowledging the acrimony between the parents and the impact on the children, particularly the oldest son. The court accepted the recommendation for the children to live with the mother and for her to have sole parental responsibility, subject to communication with the father. Crucially, the court imposed a moratorium on the father's time with the children for at least six months, contingent upon his satisfactory completion of an intensive parenting treatment program and a men's behaviour change course, as nominated by the Independent Children's Lawyer. The court also ordered therapeutic interventions for the children and the mother. In property matters, the court made orders for the finalisation of the parties' financial relationship, including the sale of a property and the distribution of proceeds, and a division of other assets, with each party retaining their superannuation entitlements. The application to depart from the child support assessment was dismissed.

The final orders stipulated that the children live with the mother, who was granted sole parental responsibility for long-term decisions. The father's time with the children was suspended for a minimum of six months, pending his completion of specified therapeutic programs. Following this period and successful program completion, the father was to have defined time with the children. The court also made detailed orders regarding property division, including the sale of a property and the distribution of proceeds, and ordered each party to retain their respective superannuation entitlements. The application concerning child support was dismissed.