IMBER & IMBER

The case of *Imber & Imber* concerned competing interim live-with applications for two young children, aged three years and 20 months. Following separation, the children had remained with the Father. The proceedings before Judge Sexton involved an assessment of each party's capacity to parent and determined the immediate living arrangements for the children.

The central legal issues before the court were to determine the interim living arrangements for the children and to establish a schedule for the children to spend time with both parents. The court was required to consider the best interests of the children in making these interim orders, including their day-to-day care, welfare, and development, as well as the capacity of each parent to meet these needs.

In reaching its decision, the court ordered that the children live with the Mother. A detailed schedule was established for the children to spend time with the Father, with variations to the schedule to accommodate the Mother's completion of a course in November 2013. The orders also stipulated specific arrangements for day-to-day care, educational attendance, communication, and decision-making responsibilities during each parent's time with the children. Furthermore, the court imposed various restraints on both parties, including prohibitions on physical discipline, yelling, leaving the children unsupervised, making negative comments about the other parent, and entering the other party's residence without consent. An urgent assessment was also ordered.