Gavino & Elvira (No. 2)

In *Gavino & Elvira (No. 2)*, Berman J of the Family Court of Australia considered competing applications regarding the time the parties' children, born in 2012 and 2014, would spend with their father. The children resided with their mother, and the father sought extended time during school holidays, while the mother proposed daytime-only contact due to concerns about the father's behaviour and mental health.

The court was required to determine the best interests of the children, applying the principles in section 60CC of the *Family Law Act 1975* (Cth). This involved balancing the children's need for a meaningful relationship with their father against any identified risks to their welfare, particularly in light of the geographical distance between the parents. The court also considered the father's efforts to address his mental health, his continued employment, and his participation in parenting courses.

Berman J adopted a cautious approach, acknowledging the "tyranny of distance" and the father's efforts to maintain a relationship with the children. While the mother expressed concerns about overnight stays, the court found no clear basis for these concerns, noting the difficulty in distinguishing between overnight and extended daytime risks. The court sought to balance the children's benefit from spending time with their father with the need for limited contact, particularly during the initial days of school holidays to facilitate reunion after a significant absence. Given the parties' dysfunctional relationship and communication difficulties, the court also imposed restraining orders to prevent adverse behaviour.

The court ordered that the children spend specific periods of time with the father during the April and July 2021 school holidays, with the initial two days of the April holidays restricted to daytime contact. All changeovers were to take place at J Services, with an alternative location specified if J Services could not facilitate them. Additionally, injunctions were granted restraining both parties from denigrating the other, discussing proceedings with the children, recording the other party, posting derogatory content on social media, wearing offensive clothing, or attending each other's residences without consent.