Wenlack and Cimorelli (No 2)

In *Wenlack and Cimorelli (No 2)*, Aldridge J considered interim parenting arrangements for three children. The dispute centred on the amount of time the children would spend with their father, with the mother contending that the father's prior absence from the family meant he lacked a sufficiently close relationship and the necessary parenting skills to justify increased time. The court acknowledged that interim hearings are not the appropriate forum for making final factual findings, especially where issues of credit are likely to arise.

The primary legal issue before the court was to determine the interim parenting arrangements that would best serve the children's interests. Specifically, the court had to decide whether the children should spend more time with the father than they presently did, and whether this extended time should include overnight stays. The mother's assertions regarding the father's limited involvement and parenting capacity were central to this determination.

Aldridge J reasoned that, on the evidence presented at the interim hearing, it was appropriate to increase the time the children spent with the father. However, the court determined that the extended time would not include overnight stays, deferring the issue of overnight time for later consideration by the parties and the court, if necessary. The court ordered equal shared parental responsibility and set out specific, non-overnight, time arrangements for the father, including mid-week and weekend contact, as well as time on significant days. The children were to otherwise live with the mother, and detailed provisions were made regarding changeovers, communication, notification of illness or injury, and the exchange of information with schools and medical professionals.