NELSON & BECKER

In the matter of *Nelson & Becker*, Tree J of the Family Court of Australia considered disputes between the parties concerning parental responsibility for their two children and the division of their property following the breakdown of their de facto relationship. The proceedings involved allegations of family violence, including a breach of a domestic violence order by the mother and domestic violence by the father towards the mother and one of the children. The court also addressed the sexual assault of the youngest child by a cousin.

The court was required to determine whether equal shared parental responsibility was in the best interests of the children, notwithstanding the history of family violence. Further, the court had to assess the children's living arrangements and the extent of time the father would spend with them, considering the father's limited knowledge of the children and the prospect of ongoing parental conflict. In relation to property, the court needed to determine the division of assets and liabilities of the de facto relationship, including the valuation of properties and a business, and to make orders for the just and equitable distribution of the asset pool.

Tree J found that despite the history of family violence, it was in the best interests of the children for the parents to have equal shared parental responsibility, noting the mother's expressed desire for the father's involvement and the parties' capacity to communicate. The court ordered reunification counselling and established a phased approach to the father's time with the children, commencing with supervised contact and gradually progressing to unsupervised time. The court also made orders regarding communication between the parents, restraints on their behaviour in the children's presence, and the provision of information to each parent regarding the children's welfare. In relation to property, the court assessed the parties' contributions as equal but ordered a 70/30 split of the asset pool in favour of the mother, requiring the father to transfer a property and pay a lump sum to the mother, while the mother transferred a business to the father. A Registrar was appointed to execute documents if a party failed to do so.