Tarelli & Langley (No. 4)

The Family Court of Australia considered parenting and property matters between Mr Tarelli (the father) and Ms Langley (the mother) concerning their son, D. The case was a re-hearing following a successful appeal by the mother. The primary dispute involved determining the child's living arrangements, with the court assessing the risk to the child in each parent's care. The father had recently pleaded guilty to common assault charges against the mother and received a suspended sentence. The mother suffered from complex PTSD, impacting her ability to spend time with the child while he remained in the father's care.

The court was required to determine the presumption of equal shared parental responsibility and, if rebutted, what parenting orders would be in the child's best interests. This involved assessing the risk of harm to the child and identifying the "least worst risk" scenario. In relation to property, the court needed to assess the contributions of each party to the acquisition, maintenance, and conservation of the former matrimonial home and other assets, considering the nexus between the father's violence towards the mother and her future earning capacity.

The court found that the presumption of equal shared parental responsibility was rebutted due to the father's violence towards the mother. Applying the "best interests of the child" principle, the court ordered that the child live with the mother and that she have sole parental responsibility. The father was to have supervised, limited time with the child monthly, and the child was to spend weekly time with his sister. The court also made orders regarding property, assessing the mother's contribution to the former matrimonial home at 90% and her future needs at 10%, given her incapacity to work due to the violence. The father was ordered to transfer his interest in the former matrimonial home to the mother, while retaining his overseas assets and superannuation.