VANZANT & BLANK

This matter concerned parenting and property disputes between the father, Mr. Vanzant, and the mother, Ms. Blank, before Judge Burchardt in the Federal Circuit Court of Australia. The father entirely denied serious allegations of family violence made by the mother, which the Court ultimately rejected. Despite the earlier family violence, the Court found the children were not at risk of assault by the father. The children expressed a desire to spend more time with their father, and the Court made orders largely in line with the recommendations of the Independent Children’s Lawyer.

The Court was required to determine the parenting arrangements for the two children, considering the history of family violence and the children's wishes. In relation to property, the Court had to address a small pool of assets that had been significantly diminished by the father's conduct. The Court also needed to consider the equalisation of superannuation between the parties.

Judge Burchardt reasoned that while the father's denials of family violence were rejected, the children's safety was not compromised during his time with them. The Court ordered that the mother have sole parental responsibility, with the children to live with her. However, specific time arrangements were made for the children to spend time and communicate with the father, including alternate weekends and mid-week contact, as well as holiday periods. The Court also ordered that the entirety of the small property pool, comprising the net proceeds from the sale of the former matrimonial home, be awarded to the mother. Furthermore, the Court ordered an equalisation of superannuation, with the mother to receive a base amount from the father's superannuation interest. The Court noted its intention for these orders to finally determine the financial relationship between the parties.