SANDHAM & DREGO

This matter concerned applications by both the mother and father regarding parenting arrangements, property settlement, spousal maintenance, and child support. The court was required to determine the best interests of the two children, B and C, aged approximately 4 and 2 years respectively, in relation to their living arrangements and time spent with each parent. Additionally, the court had to consider the just and equitable division of the parties' property pool and the appropriateness of spousal maintenance.

The legal issues before the court included whether the father's past acts of family violence against the mother precluded unsupervised personal interaction with the children, and if so, what parenting orders were in the children's best interests. The court also had to determine how to divide the parties' assets and liabilities, including the former matrimonial home and superannuation interests, and whether the father should pay spousal maintenance to the mother. Finally, the court was asked to consider the mother's application for child support departure orders.

Austin J concluded that the children were not at an unacceptably high risk of harm in the father's care, and therefore, his acts of family violence did not preclude unsupervised time with the children. The court ordered that the mother have sole parental responsibility for major long-term decisions concerning the children, and that the children live with the mother. The father was ordered to have unsupervised time with the children, with specific arrangements detailed for periods both before and after the eldest child commenced school in 2019. In relation to property, the court ordered the mother to receive 87.4 per cent of the parties' property, including sole ownership of the former matrimonial home, with each party to retain their own superannuation. The father was ordered to pay spousal maintenance of $5,629 per month to the mother until June 2019, recognising her part-time work to care for the children and her future earning potential. The mother's application for child support departure orders was dismissed, with the court noting she could pursue administrative variations.