Angeli & Farina

In *Angeli & Farina*, the Family Court of Australia considered an application by the mother for interim orders to relocate with the child to the United States. The father and the Independent Children’s Lawyer (ICL) opposed this application. The parties and the child had previously relocated from the United States to Australia in 2019, and had since separated on a final basis. The mother suffers from a depressive anxiety condition, and both parties made allegations of family violence against each other, which the Court noted could not be resolved at an interim stage.

The primary legal issue before the Court was whether to grant the mother's application for interim relocation of the child to the United States, having regard to the child's best interests under section 60CC of the *Family Law Act 1975* (Cth). This required the Court to consider various factors, including the child's views, the parents' decision-making capacity, time spent with the child, communication, parental obligations, family violence, the effect of change, and the practical difficulties of implementing orders. The Court also had to navigate the complexities of determining these issues in interim proceedings, where conflicting evidence and limited information are common.

The Court's reasoning was guided by established principles for interim relocation applications, as outlined in cases such as *Morgan* and *Goode*. It acknowledged the difficulty of resolving complex factual disputes, including allegations of family violence, at an interim stage. The Court considered the evidence presented, including the report of a single expert, Dr D, who noted the child's expressed desire to return to the United States but also indicated the child's vulnerability and potential to reflect his mother's distress. Despite the child's expressed views and the mother's primary carer role, the Court found that the child had a warm, close, and loving relationship with both parents. Crucially, the Court noted that the evidence before it was insufficient to definitively resolve disputed issues relevant to the child's best interests at this interim stage.

Ultimately, the Court dismissed the mother's application for interim relocation. The matter was listed for a final hearing at the earliest opportunity, and leave was granted to the ICL to issue subpoenas as deemed appropriate.