Molenaar & Molenaar

In the matter of *Molenaar & Molenaar*, heard before Judge McNab, the dispute concerned parenting arrangements and property division between Ms Molenaar (the Applicant Mother) and Mr Molenaar (the Respondent Father) following their final separation in July 2018. The proceedings involved significant procedural history, including applications for recovery orders, interim consent orders, and multiple adjournments, ultimately leading to a final hearing addressing both parenting and property matters.

The court was required to determine several key legal issues. Primarily, it needed to consider whether the presumption of equal shared parental responsibility under section 61DA(1) of the *Family Law Act 1975* (Cth) should apply, given allegations of family violence and the parties' demonstrated inability to agree on significant decisions concerning the children. The court also had to make final parenting orders regarding the children's living arrangements, time spent with each parent, and parental responsibility, as well as orders concerning the division and sale of the family home and other property.

Judge McNab found that the presumption of equal shared parental responsibility was displaced in this case. This conclusion was based on the evidence of long-term conflict between the parties and the Father's inability to agree on crucial decisions affecting the children's welfare and development, exemplified by the protracted delay in deciding whether their son, Y, should repeat his prep year. The court gave significant weight to the school's recommendation that Y repeat the year due to social and learning difficulties, contrasting this with the Father's delayed response and suggestion of private tutoring. Consequently, the court ordered that the Mother have sole parental responsibility for the children, subject to specific communication requirements with the Father. The court also made detailed orders regarding the children's living arrangements, time spent with the Father (including substantial supervision requirements), and communication.

In relation to property, the court ordered the Father to vacate the family home within 30 days and leave specific items belonging to the Mother and children. The parties were directed to take all necessary steps to sell the family home by private treaty, with specific terms regarding listing, sale price determination, and completion. The court also outlined a process for sale by public auction if the property remained unsold within 120 days, with further provisions for a second auction if necessary. The proceeds of the sale were to be distributed after expenses, mortgage discharge, and outgoings, with the balance divided 70% to the Mother plus $1,867, and 30% minus $1,867 to the Father. Further orders addressed the division of other property and the severance of joint tenancies.