Morino & Arling

In the matter of *Morino & Arling*, Mr Morino (the applicant father) and Ms Arling (the respondent mother) brought their dispute concerning the children X and Y before Berman J. The father sought to spend time with the children, while the mother proposed that any such time be supervised due to allegations of family violence and emotional abuse. The children had not spent time with the father since the parties' separation. Both parents agreed that a meaningful relationship with the father was in the children's best interests, but differed on the conditions for resuming contact.

The court was required to determine the interim parenting arrangements for the children, specifically addressing with whom the children would live and the extent to which they would spend time with the father. This involved considering the paramountcy of the children's best interests, as guided by the legislative framework of the *Family Law Act 1975* (Cth), including the factors outlined in section 60CC. The court also needed to navigate the competing views of the parents regarding the resumption of the father's time with the children, particularly in light of the untested allegations and the need for a cautious approach at an interim stage.

Berman J adopted a structured approach, considering the parties' proposals, the objects and principles of the Act, and the specific factors under sections 60CC(2) and (3). The court acknowledged the importance of the benefit of a meaningful relationship with both parents and the need to protect children from harm. Recognising that evidence at an interim hearing cannot be tested, the court applied a cautious approach to the issues raised. The father withdrew an undertaking previously made, and the court ordered equal shared parental responsibility, with the children to live with the mother. The children were to spend supervised time with the father on specific dates, with a professional supervisor engaged and a report to be prepared. The parties were also restrained from unilaterally seeking psychiatric or psychological assessments of the children.