VIDUKA & VIDUKA

In the matter of *Viduka & Viduka*, Berman J of the Family Court of Australia considered an application concerning the living arrangements and time spent with a child. The mother sought for the child to remain in her care and have no contact with the father, while the father sought for the child to recommence living with him and spend time with the mother. The child had been residing with the mother, and the father had no contact with the child due to his incarceration, with pending criminal proceedings also a factor.

The court was required to determine two primary legal issues. Firstly, it had to consider the best interests of the child in making interim orders regarding where the child lives and spends time. Secondly, the court had to decide whether to grant an adjournment of the substantive family law proceedings until after the resolution of the father's pending criminal proceedings in the District Court of South Australia, and whether the father's privilege against self-incrimination should take precedence over the mother's right to have the family law proceedings resolved.

In addressing the interim arrangements, Berman J applied the paramount consideration of the child's best interests. The court noted the father's incarceration and lack of contact with the child, as well as the pending criminal proceedings. Regarding the adjournment, the court considered the principles outlined in *McMahon v Gould*, balancing the father's right to claim privilege against self-incrimination with the mother's right to have the family law proceedings resolved. The court ultimately made orders for the child to live with the mother and granted the father liberty to obtain information from the child's school at his own cost, as would ordinarily be available to parents.