RUSKIN & BONNER

The parties in this matter were the husband and wife, who sought orders concerning their children's time with each parent and the exclusive use and occupation of a property. The husband applied to increase his time with the children, particularly pending the wife's overseas travel with them during Christmas. The wife opposed the husband's application for sole use of a vacant property, citing fear of him, and had previously sought sole use of the property she then occupied. The proceedings were heard by Johns J.

The court was required to determine the interim arrangements for the children's time with each parent, considering the children's young age and recommendations from a family report writer. Additionally, the court needed to decide on the husband's application for exclusive use and occupation of a vacant property, balancing the wife's stated fears against the husband's application. The court also had to address the wife's proposed overseas travel with the children during the Christmas period.

In relation to the children, the court made orders by consent establishing equal shared parental responsibility, with the children to live with the wife. Interim orders were made for the husband to spend more time with the children on a graduated basis, with specific arrangements detailed for both the older and younger child, including provisions for school holidays and weekends. The application for increased time prior to the Christmas holiday and for 2017 was adjourned pending an updated family report. The court also made orders restraining the parties from denigrating each other in the presence of the children and from photographing or speaking to each other at changeovers, except for urgent welfare matters. The wife was granted liberty to take the children on a holiday to Europe for up to four weeks commencing 24 December 2016, with specific communication and make-up time provisions. Regarding the property dispute, the court ordered that the husband have exclusive use and occupation of the vacant property.