REYES & REYES

In this matter before Judge Stewart, the court considered parenting and property disputes between a husband and wife. The parenting dispute concerned the best interests of the child, X, and involved allegations of drug and alcohol abuse, mental health issues, family violence, and anger management issues on the part of the husband. The property dispute involved a small asset pool consisting of the former matrimonial home and superannuation, with the husband's former solicitors seeking costs and noting non-compliance with previous costs orders.

The court was required to determine whether the presumption of equal shared parental responsibility was rebutted, and if so, what parenting orders were in the best interests of X. In relation to property, the court needed to address the division of the limited assets and the outstanding costs orders.

The court found that there was an unacceptable risk to X if the husband retained any parental responsibility, leading to the rebuttal of the presumption of equal shared parental responsibility. Consequently, the court ordered that the wife have sole parental responsibility for X and that the husband have no time with X. The court also made orders restraining the husband from posting material relating to the proceedings on social media and requiring him to remove a specific video from YouTube. Regarding property, the court ordered the release of funds to the wife to satisfy previous costs orders and then the release of the remainder of the proceeds of sale to the wife. The parties were declared the sole legal and beneficial owners of property in their respective possession, with specific provisions for joint bank accounts and insurance policies.