Spurling and Spurling & Ors (No 2)

In *Spurling and Spurling & Ors (No 2)*, Benjamin J of the Family Court of Australia considered applications by a wife for final parenting and property orders. The central dispute in the parenting proceedings involved the wife's application to relocate interstate with the parties' two children, which was opposed by the husband, who sought orders for equal or significant and substantial time with the children. The proceedings also encompassed property settlement issues, including considerations of add-backs, contributions, gifts, and financial resources.

The court was required to determine whether it was in the children's best interests to permit the mother to relocate with them to Tasmania, and if so, what parenting arrangements would best serve their welfare and development. This included assessing the allegations of family violence raised during the proceedings and deciding whether an order for equal shared parental responsibility was appropriate. The court also had to make property settlement orders, taking into account the various financial contributions and resources of the parties.

His Honour found that equal shared parental responsibility was in the children's best interests, despite the allegations of family violence, and permitted the mother to relocate with the children to Tasmania. The court made detailed orders for the children to live with the mother and spend significant and substantial time with the father, outlining specific arrangements for school terms, holidays, and communication. The father was also restrained from accessing or using firearms while the children were in his care for a period of three years. The judgment also included provisions for property settlement, addressing add-backs, contributions, gifts, and financial resources.