LEVINSKI & LEVINSKI

In the matter of LEVINSKI & LEVINSKI, Loughnan J considered interim applications concerning parenting, property, child support, and expedition of proceedings. The parenting dispute involved two children, one of whom has a disability, and allegations of the father having assaulted one of the children. The father’s time with the children was already supervised. The property dispute concerned the father’s application for the sale of the former matrimonial home, which the mother sought to retain. An interim child support departure application was also before the court.

The court was required to determine the best interests of the children in relation to interim parenting orders, considering the father's history of assault and the supervised nature of his contact. It also had to decide whether to order the sale of the former matrimonial home on an interim basis, given the unresolved property disputes. Furthermore, the court needed to assess the appropriateness of entertaining the child support departure application in the absence of clear financial information and necessary findings. Finally, the court considered an application to expedite the final proceedings.

Regarding parenting, the court made orders for the children to live with the mother and for the father to spend increased supervised time with them, as detailed in the mother's amended response and the Independent Children's Lawyer's proposed orders. These orders included specific times for supervised contact, provisions for holidays, and injunctions restraining the father from discussing allegations or denigrating the mother in the children's presence. The court dismissed the father's application for the sale of the property, finding that the property disputes could not be determined at an interim level, but allowed for specified payments from a line of credit secured on the property. The child support departure application was also dismissed as inappropriate for interim determination. The court ordered that the proceedings be expedited, with all parties supporting this application.