Walter & Walter

The case of *Walter & Walter* concerned parenting orders sought by both the husband and wife regarding their four children, aged between 5 and 13 years. The dispute also involved issues of property settlement and spousal maintenance. The matter was heard by Burr J.

The primary legal issues before the court were: (1) with whom the children should live and spend time, considering the wife's new relationship and the strong views of the three eldest children against it, as well as allegations of the husband encouraging the children to report on their mother and undermine their relationship with her; (2) whether to grant injunctions restraining the parties from certain conduct towards each other and the children; and (3) the appropriate orders for property settlement and spousal maintenance.

Burr J applied the paramount consideration of the children's best interests, as mandated by section 60CA of the *Family Law Act 1975* (Cth), and considered the primary and additional considerations outlined in section 60CC. The court noted the importance of both parents having a meaningful involvement in the children's lives, consistent with their best interests, and that children have a right to spend time on a regular basis with both parents. The court was unable to make a positive finding of sexual abuse by the wife against the husband according to the *Briginshaw* standard.

The court ordered that the children spend equal time with each parent. Additionally, the husband was restrained from assaulting, molesting, harassing, abusing, or otherwise interfering with the wife, and the wife was restrained from permitting the children to have contact with her partner unless the children expressed a wish to do so. The parties had reached an agreement regarding the division of assets, and the husband was ordered to continue paying spousal maintenance to the wife for a further 12 months, given his greater income and earning capacity, while the wife was required to retrain to earn a regular income.