NATHAN & WESTON

In this matter before Berman J, the parties, Nathan and Weston, presented a dispute concerning interim orders relating to their children and property settlement. The mother sought to relocate internationally with the children during the interim period, while also requesting orders for an interim property settlement. The father, who had historically experienced difficulties with alcohol consumption, conceded this issue.

The court was required to determine several key legal issues. These included whether to permit the mother to take the children on an international holiday during the interim, and the terms of interim orders regarding the children's living arrangements and time spent with each parent. Additionally, the court had to consider the father's historical alcohol consumption and whether supervision of his time with the children was necessary. The court also addressed the question of whether to make orders for an interim property settlement.

Berman J made a series of interim orders. The children were ordered to live with the mother, with specific provisions for the father's time with them, including weekday and weekend contact. Crucially, the father was restrained from consuming alcohol for 24 hours prior to or during his time with the children, from denigrating the mother in their presence, and from contacting the mother except for matters concerning the children's welfare and his time with them. The mother was granted liberty to travel with the children to the United States for a period of 28 days. The father was ordered to pay interim spousal maintenance, the children's education costs, and the costs of their extra-curricular activities. Further orders directed the father to provide medical specialist information, to jointly instruct a real estate agent to value a property, and to pay legal costs for the mother's visa application and litigation funding. The parties were also ordered to attend a family dispute resolution conference and to obtain a family assessment report.