Treloar & Treloar (No. 2)

In *Treloar & Treloar (No. 2)*, Strickland J of the Family Court of Australia considered applications concerning the relocation of children and property settlement between the husband and wife. The wife sought to relocate with the children to be with her new partner, alleging the husband was unreliable and failed to manage household finances. The husband opposed the relocation, citing the children's strong bond with both parents and their well-settled status. The court also addressed the division of the husband's Defence Force Retirement and Death Benefits (DFRDB) pension and other assets.

The primary legal issues before the court were: first, whether the proposed relocation of the children was in their best interests, considering the factors outlined in section 60CC of the *Family Law Act 1975*; and second, how to equitably divide the parties' property, including the husband's DFRDB pension, taking into account their respective contributions and future needs. The court also considered the admissibility and weight of a family assessment report, which the wife had challenged.

Strickland J determined that the relocation was not in the children's best interests, finding that they were thriving in their current arrangement with both parents and had a close relationship with each. The court noted the husband's shortcomings in organisation and financial management but found that he had not been adequately appreciated for his role in the children's lives and that his attempts to influence the children were outweighed by the benefit of maintaining their existing relationships. Regarding property, the court found it unrealistic to include the lump sum value of the DFRDB pension in the asset pool, nor was it appropriate to treat it as income. Instead, the pension was considered "another species of asset" to which both parties had contributed. The court ordered equal shared parental responsibility for the children, with specific living arrangements and an injunction restraining the husband from denigrating the wife or her partner in the children's presence. In the property settlement, non-superannuation assets were divided 55%/45% in the husband's favour, other superannuation interests equally, and the husband's pension 87.5%/12.5% in his favour, with procedural fairness to be accorded to the DFRDB trustee.