NEWPORT & NEWPORT

The parties in this matter were the husband and wife, with the court considering orders relating to their children, family violence, property, and child support. The husband sought sole parental responsibility and supervised time with the children, alleging the wife had alienated them. The wife sought sole parental responsibility and no order for the children to spend time with the husband. The court also considered allegations of family violence, including an incident witnessed by one of the children and an incident involving a member of the paternal family. In relation to property, the wife sought sole ownership of the matrimonial home, while the husband sought its sale. The wife also sought a lump sum child support payment, arrears, or security for payment, while the husband sought a departure from the administrative assessment.

The court was required to determine the best interests of the children in relation to parental responsibility and time with each parent, considering the impact of family violence. It also needed to address the husband's allegations of parental alienation, the appropriate division of the matrimonial home and other property, and the outstanding child support obligations. The court had to assess whether the legislative preconditions for a lump sum child support payment were met and consider the husband's application for a departure from the administrative assessment.

The court found no evidence of parental alienation by the wife. It determined that the children should recommence spending time with the husband, with the assistance of therapeutic counselling, and made orders for the wife to have sole parental responsibility and for the children to live with her. Orders were made restraining the husband from bringing the children into contact with a specific member of his family for 12 months and requiring the husband to attend family therapy before spending time with the children, with initial time to be supervised. In relation to property, the court ordered a 16 per cent adjustment in favour of the wife, requiring the husband to transfer his share of the former matrimonial home to the wife in exchange for a payment. If the wife was unable to make this payment, the property was to be sold. The wife's application for a lump sum child support payment was dismissed as the court was not satisfied the legislative preconditions were met, and the court could not make a security order in isolation. Orders were made for the wife to receive payment of the child support arrears, and the husband's application for a departure from the administrative assessment was dismissed.