Rayhill & Rayhill

In the matter of *Rayhill & Rayhill*, McGuire J of the Family Court of Australia considered applications by both the husband and wife concerning parenting arrangements for their three children and the division of their property and superannuation entitlements. The husband sought orders to formalise an existing week-about arrangement for spending time with the children, while the wife opposed this, alleging the children were exposed to a risk of harm due to family violence in the husband's care. The wife also sought a 50/50 division of tangible property, proposing a superannuation splitting order that would result in her receiving more than 50 per cent of the parties' combined superannuation.

The court was required to determine the best interests of the children, specifically whether the existing week-about parenting arrangement should continue or be altered, and to address allegations of family violence. In relation to property, the court needed to decide on the appropriate division of the parties' net tangible assets and superannuation entitlements, considering the wife's post-separation contributions and the husband's period of unemployment. The court also had to consider the impact of the children's ages, their expressed wishes, and the findings of the Family Consultant and Independent Children's Lawyer.

McGuire J found that while the week-about arrangement had worked satisfactorily in many ways, there were significant concerns regarding the husband's parenting, including his response to the children's medical needs and a history of alleged coercive behaviour. The court noted that the wife was in a superior financial position and appeared more engaged with the children's long-term needs. Ultimately, the court ordered that the children live with the wife and spend substantial time with the husband, with specific provisions for communication and time during school terms and holidays. In property division, the court ordered that the husband receive 55 per cent of the net property and the wife 45 per cent, and that the husband receive 48.5 per cent of the parties' total superannuation entitlements, reflecting a just and equitable outcome.