Vine and Vine (No. 2)

In *Vine and Vine (No. 2)*, Berman J considered an application to suspend existing orders concerning the time a child, X, would spend with his mother. The dispute centred on the specific arrangements for X's contact with his mother during a defined period in 2018.

The court was required to determine the terms of the suspended orders, specifically how X would spend time with his mother during the period of suspension. This involved establishing the precise dates, times, and conditions under which contact would occur, including provisions for X to communicate his preferences regarding overnight stays and arrangements for his return to the father's care if he became distressed.

Berman J's reasoning focused on creating a framework for contact that allowed for X's expressed wishes to be a significant factor, while also ensuring his well-being and providing clear protocols for his care. The court applied principles of child-focused decision-making, incorporating mechanisms for X to communicate his preferences and for the mother to manage his emotional state during contact. The orders stipulated specific times for X to telephone his father to indicate his wishes regarding overnight stays, and detailed procedures for his return to the father's care if he became distressed or wished to leave.

The court made orders suspending the previous orders of 29 January 2018 and set out new, detailed arrangements for X's time with his mother between specified dates in 2018. These arrangements included provisions for X to communicate his preferences regarding overnight stays and for his immediate return to the father's care should he become distressed.