Saller & Danell

In the matter of *Saller & Danell*, Le Poer Trench J considered an application by the father for interim orders granting him unsupervised overnight time with the parties' two children, despite the existence of a family violence order. The children resided with the mother, and the parties had a high-conflict relationship. An expert report had recommended that the children spend the majority of their time with the father.

The court was required to determine whether to make interim orders for unsupervised overnight time with the father, pursuant to section 68P of the *Family Law Act 1975* (Cth), which permits contravention of a family violence order in certain circumstances. The court also needed to consider the children's best interests in the context of the existing family violence order and the high conflict between the parents.

Le Poer Trench J reasoned that while the expert report recommended significant time with the father, the existing family violence order and the high conflict necessitated a cautious approach. The court applied the principles of the *Family Law Act* concerning the best interests of the child, balancing the father's desire for increased time with the need for the children's safety and well-being. The court ultimately made orders for weekly supervised overnight time with the father, with provisions for increasing the duration of this time if supervision could be consistently arranged and deemed appropriate. Strict conditions were imposed on changeovers and the father's conduct during his time with the children, including prohibitions on physical chastisement, yelling, and kissing the children on the mouth. The court explicitly noted that these were interim measures and that the parenting proceedings were expedited.