Moore and Tillotson & Anor

In the matter of *Moore and Tillotson & Anor*, Thornton J of the Family Court of Australia considered parenting and property disputes between the parties. The parenting dispute concerned final orders for three children, where the father had a history of serious criminal convictions, including child pornography offences and an indecent act with his stepchild. The property dispute involved an alleged loan agreement between the applicant and the second respondent, with the first respondent denying knowledge of the loan.

The court was required to determine whether there was an unacceptable risk of sexual abuse to the children by the father, and consequently, whether the presumption of equal shared parental responsibility applied. In relation to property, the court needed to ascertain if monies provided by the husband's mother constituted a loan with a genuine expectation of repayment, and to assess the parties' contributions and make a just and equitable division of their property, considering relevant factors under section 75(2) of the *Family Law Act 1975* (Cth).

On the parenting issues, the court found that the father posed an unacceptable risk to the children, and therefore, equal shared parental responsibility was not in their best interests. The court reasoned that the father's criminal history created a significant risk of harm, outweighing any benefit from a meaningful relationship. Consequently, the court made orders for the wife to have sole parental responsibility, for the children to live with the wife, and for the father to have no contact with the children. Regarding property, the court found that the contributions of the parties should be assessed as equal, but made a fifteen per cent adjustment in favour of the wife due to income disparity. The court also ordered the husband to transfer the parties' only real property to the wife.