Yard & Rodd

In the matter of *Yard & Rodd*, Faulks DCJ of the Family Court of Australia considered disputes between the parties concerning children's living arrangements and the division of property. The father had already relocated, and the court was tasked with evaluating competing proposals for the children's future, taking into account their views.

The primary legal issues before the court were the determination of the children's best interests in relation to their living arrangements, and the just and equitable division of the parties' property and superannuation interests. The court also had to consider the children's expressed wishes, particularly those of the elder child, G, and the potential for parental conflict to impact the children.

Faulks DCJ reasoned that while the children's views are a significant consideration, they are not determinative, especially given the age and potential influence of the father on the elder child, G. The court acknowledged G's expressed desire to attend a particular school, noting that while his views were not outlandish, they could not override the overarching consideration of his best interests. The court also expressed concern about the potential for G's physical rebellion against arrangements not aligned with his wishes, highlighting the need for parental discipline. Ultimately, the court found that the parties' proposed property settlement, which was substantially agreed upon, represented a just and equitable division, allowing both parties reasonable accommodation and financial provision for the future.

The court made orders reflecting the parties' substantial agreement on property division, including specific arrangements for the division of assets, superannuation, and the repayment of debts. The children's orders granted the mother sole parental responsibility but mandated consultation with the father on major long-term decisions, with the children to live with the mother and spend significant time with the father.