Somerville and Somerville and Anor

In the matter of Somerville and Somerville and Anor, Judge Altobelli of the Federal Circuit Court of Australia considered interim parenting and property matters. The dispute involved the care of four children, who were in the care of the Minister for Family and Community Services, and the disposition of the family home. The mother sought the restoration of the children to her care, while the father proposed transitioning their care back to him.

The court was required to determine the best interests of the children in relation to their interim care arrangements, particularly in light of serious issues raised concerning the mother's mental health and the weight to be given to expert evidence on this matter. Additionally, the court had to make interim orders regarding the family home, which was jointly owned but in the mother's sole occupation, and was mortgaged, rented out, and in need of renovations.

The court's reasoning focused on the paramountcy of the children's welfare. Given the concerns raised about the mother's mental health, the court ordered that the Minister retain sole parental responsibility for the children, with the Minister determining their living arrangements. The mother was significantly restrained by injunction from spending time with, contacting, or approaching the children, with provisions for police arrest upon breach. The father was to spend time with the children under conditions determined by the Secretary, including supervision and participation in counselling and anger management. Regarding the property, the mother was ordered to vacate the family home within 28 days, with the father to have sole occupation and be responsible for outgoings. The father was directed to apply rental income from the property towards renovations and the mortgage, and to account to the wife for this income. The father was also ordered to pay the wife $200 per week after she vacated the property.