Vine and Vine (No. 3)

In the matter of *Vine and Vine (No. 3)*, Berman J of the Family Court of Australia considered orders concerning the time a child, X, born in 2006, would spend with his mother. The dispute centred on the terms of these arrangements, particularly in light of a Family Assessment Report and the child's wishes.

The court was required to determine the appropriate orders for X to spend time with his mother, with a specific focus on how to incorporate the child's wishes regarding overnight stays and additional time. Furthermore, the court had to consider whether the proceedings, having reached a stage where complex matters were largely resolved, should be transferred back to the Federal Circuit Court.

Berman J reasoned that the best interests of the child, X, necessitated orders that allowed for flexibility in his time with his mother, contingent on his own requests. The court ordered that X spend time with his mother each Tuesday from the conclusion of school until 7:30 pm, with a provision that if X requested to stay overnight, his time would be extended to the commencement of school the following day. The orders also stipulated that any other periods of time with the mother were to be by agreement of the parties, taking into account X's wishes. Given that the remaining matters were not significantly complex, the court ordered the proceedings be transferred to the Federal Circuit Court. The previous order of 29 January 2018 was discharged, and the interim proceedings were otherwise dismissed.