MILLICOTT & MILLICOTT

In the matter of *Millicott & Millicott*, Hannam J of the Federal Circuit and Family Court of Australia considered parenting and property disputes between a self-represented mother and father. The parenting dispute concerned the best interests of the child, B, with allegations of family violence, substance misuse by the father, and a significant period where the child had not seen the father. The property dispute involved the distribution of the former family home, with the husband having made a substantial financial contribution but the wife having made greater overall financial and non-financial contributions, exacerbated by the husband's family violence.

The court was required to determine the appropriate parenting orders, specifically whether the father should have any time with the child, given the history of family violence perpetrated in the child's presence, the father's lack of behavioural change, and his inappropriate conduct during the hearing. In relation to property, the court needed to make orders that were just and equitable, considering the limited evidence, the husband's failure to make full disclosure, and the respective contributions of both parties, as well as factors under section 75(2) of the *Family Law Act 1975* (Cth), including the wife's sole care of the child and her likely lower superannuation entitlements.

Regarding parenting, the court found that the father’s conduct and the ongoing safety concerns for the mother meant that the child’s best interests were served by the mother having sole parental responsibility and the child living with her. The father was ordered to spend no time with or have any communication with the child. In the property proceedings, the court appointed the wife as trustee for sale of the former family home. The proceeds of sale were to be distributed with 55% to the wife and 45% to the husband, reflecting an adjustment in favour of the husband for his initial contribution to the property, but also accounting for the wife's greater overall contributions and the section 75(2) factors. The wife and child were granted exclusive occupation of the property pending its sale.