PAPKE & PAPKE

In the matter of *Papke & Papke*, Judge B Smith of the Federal Circuit Court of Australia considered parenting and property disputes between Ms Papke (the mother) and Mr Papke (the father). The proceedings involved allegations of family violence by the father, including a campaign of threats, harassment, and intimidation directed at the mother, her legal representatives, the Independent Children's Lawyer, and the family therapist. The father had also repeatedly breached previous court orders.

The court was required to determine the appropriate parenting arrangements for the children, X and Y, given the father's conduct and the risk he posed. Additionally, the court needed to resolve the division of the parties' property. A significant aspect of the case involved the need to implement protective measures for the mother, children, and those involved in the proceedings against further harassment by the father.

The court found that the father posed an unacceptable risk to the mother and children. Consequently, orders were made granting the mother sole parental responsibility for the children, with the children to live with her and have no time or contact with the father. The court also issued extensive injunctions restraining the father from approaching or communicating with the mother, the children, their legal representatives, the family therapist, and other associated persons, and from approaching within 500 metres of specified locations. The father was also prohibited from publishing identifying information about the children or parties online. In relation to property, the proceeds of sale of the former matrimonial home were to be distributed, with a significant portion allocated to the mother, subject to potential adjustments if the mother sought costs. The court also ordered the Registrar to forward the case papers to the Commonwealth Director of Public Prosecutions for consideration of potential prosecution of the father for his conduct.