MAIDEN & MAIDEN

In the matter of *Maiden & Maiden*, Carew J considered applications by both the father and mother concerning their child and marital property. The father sought to suspend interim time between the mother and child, citing concerns about the mother's alleged alcohol abuse and the unacceptable risk of harm this posed to the child. Concurrently, the parties had previously agreed to sell two marital properties, but disputes arose regarding their disposition, with the mother wishing to retain one and the father seeking to be appointed trustee for the sale of the other.

The court was required to determine whether the risk of harm to the child warranted the suspension of unsupervised time with the mother, and if so, what interim arrangements were appropriate. Regarding the property dispute, the court needed to decide on the future of the two properties, specifically whether the mother could retain one and how the sale of the other should proceed, given the father's previous lodging of caveats.

Carew J reasoned that the evidence presented supported a finding that the risk to the child in spending time with the mother was unacceptable, and that supervision would not provide adequate protection. Consequently, the court ordered the suspension of unsupervised time between the mother and child. In relation to the property, the court determined that the property the mother sought to retain was not required to be sold at this interim stage. For the other property, the court found it unnecessary to appoint the father as trustee for sale, instead making detailed orders to facilitate its sale, including provisions for listing, sale price, maintenance, legal representation, removal of caveats, and the distribution of proceeds pending further orders.