SURRY & SURRY

In this family law matter before Baumann J, the court was required to determine parenting and property arrangements for the parties. The primary dispute concerned the children's living arrangements and parental responsibility, with the court assessing the risk of harm presented by each parent. A secondary issue involved the division of the parties' modest divisible pool of property.

The court was tasked with determining whether the father presented an unacceptable risk of harm to the children and, conversely, whether the mother did. Following this assessment, the court needed to make orders regarding the children's residence, parental responsibility, and the nature and extent of their time with each parent. Additionally, the court was required to make property adjustment orders, with further submissions anticipated regarding the sale of the family home.

Baumann J found that the father did not present an unacceptable risk of harm to the children. However, the court determined that the mother did present an unacceptable risk of harm. Consequently, orders were made for the children to live with the father and for the father to have sole parental responsibility for major long-term issues. The court also issued injunctions restraining the mother from contacting the children at school or public activities and from removing them from their schools or the father's care. The father was directed to arrange for the children's ongoing counselling. In relation to property, the court indicated that orders would be made to achieve justice and equity, requiring the husband to file a minute of order for property adjustment within fourteen days.