Whitten and Whitten & Anor (No 2)

In *Whitten and Whitten & Anor (No 2)*, Austin J of the Family Court of Australia considered interlocutory applications concerning parenting arrangements and spousal maintenance. The dispute involved the father and mother of three children, F, G, and H.

The court was required to determine the appropriate parenting orders for the children, specifically whether the presumption of equal shared parental responsibility should apply, given untested allegations of family violence. Additionally, the court had to consider the father's application for spousal maintenance.

Austin J determined that the presumption of equal shared parental responsibility should not apply due to the untested allegations of family violence. However, it was uncontroversial that the children should live with the mother and spend substantial and significant time with the father. The court also found that there was no present need to protect the children from harm caused by exposure to family violence. The father was ordered to pay the mother $200 per week by way of spousal maintenance. The court discharged all former parenting orders and made new orders for the children to live with the mother, with specific provisions for the children to spend time with the father. The court also made orders restraining each party from denigrating the other in the presence or hearing of the children.