Thorpe & McGregor

In the matter of *Thorpe & McGregor*, Dawe J of the Family Court of Australia considered parenting and property settlement issues between a husband and wife. The proceedings concerning the children ultimately proceeded undefended due to the husband's failure to appear. The wife sought orders for the children to live with her and for the husband to have no time or communication with them, citing a history of the husband's violent behaviour towards her, including in the presence of the children, and a poor relationship between the husband and the children.

The court was required to determine the parenting arrangements for the children, specifically whether the presumption of equal shared parental responsibility under s 61DA of the *Family Law Act 1975* (Cth) applied, and if not, what orders were in the children's best interests. In relation to property, the court needed to determine the division of the asset pool, considering the husband's significant initial contribution and applying adjustments under s 75(2) of the *Family Law Act 1975* (Cth) in favour of the wife.

Dawe J found that the presumption of equal shared parental responsibility was not applicable due to the history of violence and the poor relationship between the husband and children. The court concluded that it was in the children's best interests to make the orders sought by the wife, granting her sole parental responsibility and ordering that the children live with her. The husband was ordered not to spend time or communicate with the children, and was restrained by injunction from attending at the wife's residence or workplace, contacting the wife or children, or attending the children's school. Regarding property, the court ordered a 10% adjustment to the wife on account of s 75(2) factors, resulting in the wife receiving 45% of the asset pool. The husband was ordered to pay the wife $80,950.00, with security over his interest in a property at S, Western Australia, and provisions for sale in default of payment.