NORRIS & TRAVIS

In this matter before Dawe J, the father sought to vary existing interim parenting orders to introduce overnight time with the children. The mother opposed this application, citing concerns regarding the father's capacity to provide appropriate care and supervision. The central dispute concerned whether an increase in the children's time with the father was in their best interests pending the final trial.

The court was required to determine whether it was in the best interests of the children to introduce overnight time with the father, given the allegations raised by the mother concerning his capacity to care for them. This involved assessing the evidence presented in the context of the overarching principle of the children's best interests in interim parenting proceedings.

Dawe J dismissed the father's application, finding that it was not in the children's best interests to increase their time with the father pending trial. The court also dispensed with the requirement for a single expert to provide evidence on the valuation of the health and medical businesses, noting that the matter was listed for a directions hearing to prepare for trial. The question of the wife's costs was referred to the Trial Judge for determination.