WEBBER & HATTON

In the Family Court of Australia, Benjamin J presided over proceedings involving allegations of child abuse and a dispute over property settlement. The primary focus of the judgment concerned parenting orders for two children, B and J, where the mother alleged the father posed an unacceptable risk to their safety. Investigations by the Police and the Department had concluded that the children were not at an unacceptable risk of harm if in the father's unsupervised care, despite the mother's continuing allegations.

The court was required to determine the future parenting arrangements for the children, specifically addressing the mother's allegations of risk and the appropriate level of parental responsibility and living arrangements. Additionally, the court considered the division of a small property pool, including issues of "add backs," contributions, and other relevant factors in the property settlement.

Benjamin J discharged previous parenting orders and made new orders granting the father sole parental responsibility for the children, with specific procedural requirements for the father to consult the mother on significant decisions. The children were ordered to live with the father, and detailed provisions were made for the children's time and communication with the mother, including specific schedules for telephone contact, weekend and mid-week time, and school holidays. The court also ordered the father to pay the mother a sum of $77,151 within three months and to release her from personal covenants related to a mortgage. Each party was otherwise entitled to their own property, with specific provisions for bank accounts, insurance policies, and superannuation. The court also made administrative orders regarding the explanation of the orders to the children, the forwarding of relevant documents to child safety authorities, and the discharge of the Independent Children's Lawyer.