Morino and Arling (No. 2)

In *Morino and Arling (No. 2)*, Berman J of the Family Court of Australia considered interim parenting arrangements for two children. The dispute arose between the parents following separation, with the father having had limited supervised contact with the children. While both parents agreed on the principle of the father spending regular, unsupervised time with the children, the mother opposed overnight stays. A supervisor's report indicated that the supervised visits had proceeded without issue, suggesting a need for a gradual increase in the father's time with the children.

The court was required to determine the appropriate interim orders for the children's living arrangements and time spent with each parent, with the paramount consideration being the best interests of the children. Specifically, the court had to balance the father's desire to re-establish a meaningful relationship with the children, including participation in their activities, against the mother's concerns about the children being overwhelmed by an increase in time, particularly overnight stays. The court also had to consider allegations of family violence made against the father and the mother's conduct, which could potentially lead to parental alienation.

Berman J reasoned that the primary consideration was to promote a meaningful relationship between the children and their father, provided it was safe to do so. The court was satisfied that the children did not exhibit fear or anxiety towards the father, despite a significant period of absence, and that their reunion under supervision was positive. The court acknowledged the mother's concerns, noting that her anxiety needed to be recognised to facilitate her support of the children's time with the father, which would ultimately benefit the children. The court also recognised the merit in the father's request for time that would allow him to engage in the children's extracurricular activities. The court noted that both parties had moved towards agreeing on unsupervised time, reflecting a positive development.

The court made orders until further order, stipulating that the children would live with the mother. The father was granted progressively increasing periods of unsupervised time with the children, commencing with supervised afternoon and Saturday morning visits, transitioning to weekend stays, and then to mid-week overnight stays. The orders also included provisions for communication regarding the children's health and for both parents to attend school and extracurricular events. The court noted that final orders were listed for a later hearing, with a family report to be prepared in the interim.