ROWSE & GOUKER

In the matter of Rowse & Gouker, heard by Judge Burchardt, the court considered parenting and property disputes between the parents of two young children. The father sought extensive unsupervised time with the children, including overnight stays. Both parents alleged significant family violence by the other. The mother also sought a 74/26 split of the non-superannuation asset pool, while the father proposed a 60/40 division in her favour.

The court was required to determine the best interests of the children in light of the allegations of family violence and concerns regarding the father's mental health and insight. Additionally, the court needed to assess the parties' contributions and other relevant factors, including the wife's primary care of the children and lower earning capacity, to determine a just and equitable division of the property pool.

The court accepted the mother's evidence regarding family violence and found significant concerns about the father's mental health and lack of insight. Consequently, the court ordered that the children live with the mother and have sole parental responsibility. The father's time with the children was restricted to supervised visits once per month, with all associated costs to be borne by him. The court also ordered both parents to undertake parenting programs and the father to complete a Men's Behavioural Change program. Regarding property, the court found contributions to be 53/47 in favour of the wife, and in light of the wife having predominant care of the children and a lower earning capacity, ordered a 70/30 division of the non-superannuation pool in her favour. This division was deemed just and equitable.