BAYER & BAYER

In the matter of *Bayer & Bayer*, heard before Judge Altobelli, the dispute concerned interim parenting orders. The application before the court sought to vary existing parenting arrangements, with one party seeking to relocate with the children.

The central legal issue before the court was to determine whether the proposed relocation of the children by one parent posed an unacceptable risk to their well-being, thereby justifying a refusal of the interim parenting orders sought. This required the court to undertake a risk assessment exercise in accordance with established principles of family law.

Judge Altobelli's reasoning focused on the paramountcy of the children's best interests. The court considered evidence presented by both parties regarding the potential impact of the relocation on the children's relationships with the non-resident parent, their schooling, and their overall stability. The court applied the principles of assessing risk, weighing the potential benefits of the move against the potential detriments, and considering the capacity of each parent to facilitate the children's relationship with the other parent. The court found that the proposed relocation, in the circumstances presented, did not demonstrate an unacceptable risk to the children's welfare.

Consequently, the court made interim orders permitting the relocation of the children, subject to specific conditions designed to maintain the children's relationship with the non-resident parent.