WALTON & WALTON

This matter concerned parenting and property disputes between the parties, Mr and Mrs Walton, heard before Judge Howard. The parenting dispute focused on the place of changeover for holiday time, while the property dispute involved the division of the parties' assets, including considerations of addbacks and contributions.

The court was required to determine the best interests of the children in accordance with section 60CC of the *Family Law Act 1975* (Cth), specifically weighing the benefit of a meaningful relationship with both parents against the need to protect the children from harm. In relation to the property proceedings, the court needed to assess the parties' contributions and consider whether any addbacks were appropriate before making orders in accordance with the principles of justice and equity.

In his reasoning, Judge Howard found that there were benefits to the children in maintaining a relationship with both parents. However, the court also considered evidence of family violence, specifically an incident where the child, X, reported that the father had attempted to choke him. Despite the father's denial, the court accepted the mother's evidence and found that the father had lied to the court. The court determined that the father's disciplinary methods were inappropriate and that this incident weighed against the father in the parenting assessment.

The judgment indicates that the court was in the process of making final orders. The parties were directed to provide a proposed Final Order to each other by a specified date and to attempt to reach an agreed position on its wording. If agreement could not be reached, the matter was to be listed for a mention, with both parties required to attend personally.