SALDE & SALDE

In the matter of SALDE & SALDE, Judge Harman of the Family Court of Australia considered interim parenting and property adjustment issues. The mother sought no orders for time and communication between the children and the father, alleging exposure to family violence. Property adjustment orders were made by consent.

The court was required to determine the interim parenting arrangements for the children, Y and Z, and to consider the implications of an existing Apprehended Domestic Violence Order (ADVO) made by the Local Court Nowra on 8 May 2017. Specifically, the court needed to assess whether parenting orders permitting contact between the father and children were in the children's best interests, notwithstanding the ADVO's prohibitions.

Judge Harman made consent orders regarding property adjustment. Crucially, the court made specific interim parenting orders that allowed the father to spend time with the children on Sundays and alternate weekends during school holidays, and for a specific period over Christmas. These orders included detailed provisions for the collection and return of the children, telephone contact, and information sharing regarding the children's schooling and health. The court declared, pursuant to section 68P of the *Family Law Act 1975*, that these parenting orders were in the children's best interests, even though they were inconsistent with the ADVO. This declaration acknowledged that the father would be permitted to approach and contact the children for the purpose of spending time with them, and to approach their school and residence for specific purposes and times, which was contrary to the ADVO's general prohibitions. The court also directed that copies of the order be forwarded to various relevant parties, including the Local Court Nowra and the NSW Department of Family and Community Services.