TOMERFORD & TOMERFORD

In *Tomerford & Tomerford*, heard before Cleary J, the dispute concerned interim parenting orders for two children. The mother sought to reduce the time the children spent with the father, citing concerns arising from the father's alleged conduct and the children's resulting anxieties. Interim orders were already in place, made in anticipation of a final hearing scheduled for three and a half months later, which had been delayed.

The central legal issue before the court was whether the existing interim parenting arrangements should be varied to reduce the children's time with the father. This involved considering allegations made against the father, including his enrollment of one child in a new school without the mother's consultation, and the impact of these circumstances on the children's emotional well-being. The court also had to determine the appropriate level of contact, considering a request for supervised time by the Independent Children's Lawyer and the mother.

Cleary J adopted a conservative approach, accepting allegations against the father until they could be tested at the final hearing. The court found that the father's actions, including enrolling a child in a new school without consultation, had contributed to the children experiencing heightened anxieties. While acknowledging the father's applications concerning alleged abuse of the children by the maternal grandfather, the court determined that supervised time, as requested by the mother and the Independent Children's Lawyer, would likely increase the children's anxieties and was therefore not required. The court varied the existing orders to reduce the children's time with the father to alternate Sundays from 10.00 am to 4.00 pm, commencing on 13 March 2011.