WARE & HARLEY

In a family law matter before Judge Hartnett, the court considered parenting and property disputes between a mother and father concerning their two children and their accumulated assets. The parenting dispute involved allegations of the father's absence and family violence, with the children residing with the mother. The property dispute arose from a de facto relationship of approximately nine years, during which the father had experienced bankruptcy.

The court was required to determine the appropriate parenting arrangements for the children, specifically regarding parental responsibility, living arrangements, and the nature and extent of the father's time with the children, considering his past conduct and mental health. In relation to property, the court needed to divide the parties' assets and liabilities, taking into account the mother's significant future needs in raising the children and the father's bankruptcy.

The court ordered that the mother have sole parental responsibility for the children and that they live with her. The father was required to undergo a psychiatric assessment, complete a Men's Behaviour Change program, and then engage in a period of supervised time with the children, progressing to unsupervised time over twelve months, subject to his compliance with the court's orders. For property, the mother was to retain the former matrimonial home and her superannuation, while the father was to retain other real property. The father was ordered to pay the mother a sum of $123,000 and to refinance a mortgage on a property known as Property M into his sole name. The orders also detailed the transfer of interests in various properties between the parties, the division of proceeds from a potential sale of Property M, and the retention of respective superannuation entitlements.