Stone & Stone & Anor

In the matter of *Stone & Stone & Anor*, Forrest J of the Family Court of Australia considered parenting and property adjustment issues between the husband and wife. The wife was bankrupt, and the official trustee in bankruptcy had not intervened in the proceedings. The property adjustment issues were not a significant focus of the trial.

The court was required to determine the best interests of the children, who had been living with the mother following separation. The mother and maternal grandparents had refused to allow the children to spend time with the father, despite existing court orders for contact. Interim orders had been made during the trial placing the children with the father and prohibiting contact with the mother or maternal grandparents, during which period the children reportedly thrived. The court also had to address the division of property, including the husband's personal property and superannuation, and the wife's potential liabilities to her parents.

Forrest J reasoned that the children were at an unacceptable risk in the care of the mother and maternal grandparents, based on their refusal to comply with court orders and facilitate contact with the father. Applying the paramountcy principle of the children's best interests, the court ordered that the children live with the father and that he have sole parental responsibility. The court further ordered that the father retain all his personal property and superannuation interests. The wife was ordered to indemnify the father against any liability to her parents.