Southers and Southers (No 4)

In *Southers and Southers (No 4)*, Loughnan J of the Family Court of Australia determined parenting and property settlement matters between the parents of three children. The mother sought joint parental responsibility and for the children to live with her and spend time with the father. Conversely, the father and the Independent Children’s Lawyer sought sole parental responsibility for the father, with the children living with him and spending time with the mother. The property settlement involved the distribution of superannuation as the sole asset.

The court was required to determine the best interests of the children in relation to their living arrangements and parental responsibility, considering allegations of family violence and evidence of parental coaching and interference with time. Additionally, the court had to decide on the appropriate division of the parties' superannuation interests, taking into account their respective contributions and earning capacities.

Regarding parenting, the court found that while there were allegations of family violence by and against each parent, no findings were made that the father initiated violence against the mother or a child. However, the mother was found to have initiated violence against the father and a child. The court also noted evidence suggesting the mother had coached the children in relation to disclosures against the father and had at times prevented the children from spending time with him. Given these findings, and a shift in the single expert's recommendation from the children remaining with the mother to living primarily with the father, the court made orders for the father to have sole parental responsibility. The children were ordered to live with the father and spend time with the mother on alternate weekends and one night during the intervening week, with detailed provisions for holidays and special days. In the property settlement, the court found the parties' contributions to be equal but made a five per cent adjustment in favour of the wife due to the husband's greater earning capacity, resulting in a distribution of approximately 55 percent to the wife and 45 percent to the husband of the superannuation pool. Spousal maintenance was also ordered for a period of 12 months.