WEBSTER & WEBSTER

In the matter of *Webster & Webster*, Austin J of the Family Court of Australia considered applications concerning the living arrangements of the parties' two children and the interim distribution of property. The dispute arose following the parties' separation, during which the children had initially lived with the mother. The father subsequently detained the eldest child, believing the mother impaired the children's relationships with him, despite the court finding the children maintained close and loving relationships with both parents. The mother, in turn, ensured the youngest child continued to spend time with the father and her sibling.

The court was required to determine the best interests of the children regarding their residence and the time they would spend with each parent. Additionally, the court had to address the mother's request for a capital gains tax debt to be paid from a controlled monies account, a matter also contemplated in the father's proposed final property settlement orders.

Austin J reasoned that the children's residence with the mother would likely enable them to maintain healthy and meaningful relationships with both parents. Applying the paramount consideration of the children's best interests, the court ordered that the eldest child's welfare would be promoted by living with the mother, and consequently, ordered both children live with the mother. The court also ordered that the children spend "substantial and significant time" with the father, detailing specific arrangements for school terms and holidays, including collection and return protocols. Furthermore, the court ordered the capital gains tax liability to be paid from the controlled monies account.

The court made several consequential orders, including discharging former orders regarding the children under Part VII of the Family Law Act, granting the mother sole parental responsibility, and restraining the removal of the children from Australia. A Family Consultant was directed to prepare a family report concerning the children. All other outstanding applications for interim orders were dismissed, and no order was made as to costs.