ALVISIO & BARBARESCO

In the matter of ALVISIO & BARBARESCO, Judge Neville of the Family Court of Australia considered an application by the Mother for permission to relocate with the parties' two children, born in 2008 and 2009, from country New South Wales to Queensland. The Mother's stated reason for the proposed relocation was to commence a new life with her new partner. The Mother's evidence alleged ongoing intimidation from the Father, his family, and his friends, described as "mafia-esque." The Independent Children's Lawyer supported the Mother's application.

The central legal issue before the Court was whether the proposed relocation of the children to Queensland was in their best interests, considering all relevant circumstances. This required the Court to weigh the Mother's desire to relocate and her stated reasons against the Father's parental rights and the children's established connections and welfare. The Court also had to consider the evidence presented by a family consultant, which was noted as being equivocal in some aspects regarding the relocation but clear on the children primarily living with the Mother.

Judge Neville granted the Mother's application to relocate the children to Queensland. The Court ordered that the parties share equal parental responsibility for the children, with the children to live with the Mother. The specific terms of the orders detailed the arrangements for the children spending time with the Father, including during school holidays and weekends, and established protocols for communication, travel costs, and the exchange of information regarding the children's schooling and medical care. The orders also included provisions for respectful communication between the parents and restrictions on discussing the proceedings or denigrating the other parent in front of the children.