OLIVERI & OLIVERI

In the matter of *Oliveri & Oliveri*, Berman J considered interim orders concerning the living arrangements and time spent with the children of the marriage. The wife sought orders that the children live with her and spend no time with the husband, citing allegations of domestic violence. The husband did not oppose the children living with the wife but sought orders for them to spend time with him. Pending the determination of criminal proceedings related to the alleged domestic violence, the court was unable to ascertain the veracity of the wife's allegations or the husband's denials, necessitating a cautious approach.

The primary legal issues before the court were whether the children should live with the wife and spend time with the husband, and the nature of that time, given the pending criminal proceedings and the unresolved allegations of family violence. Additionally, the court considered the issue of parental responsibility, with the wife seeking sole parental responsibility and the husband seeking equal shared parental responsibility, although neither party had fully addressed this aspect nor presented evidence of difficulties in day-to-day or long-term issues that would preclude communication.

Berman J reasoned that in circumstances where serious allegations of family violence are pending determination in criminal proceedings, and the court cannot yet ascertain the truth of these allegations, a cautious approach is warranted to ensure the children's safety and wellbeing. The court applied the principle that the best interests of the child are paramount. Given the unresolved allegations and the need for a careful assessment, the court made interim orders for the children to live with the wife and spend supervised time with the husband. The court also ordered the parties and children to attend upon a family consultant for a report and adjourned the proceedings for further consideration.

The court ordered that the children live with the wife. The children were to spend time with the husband on alternate Saturdays and Sundays between 10.00 am and 5.00 pm, with this time to be supervised by nominated supervisors. Handover arrangements were specified, including the husband being accompanied by a supervisor and an injunction restraining the parties from contacting each other at handover. The parties and children were directed to attend a family consultant for a report by 30 September 2020, and the proceedings were adjourned to 16 October 2020.