Bearer and Bearer

In the matter of *Bearer and Bearer*, Justice Mullane of the Family Court of Australia considered an application by the mother for orders to change the place of residence of two children, C and M. The proceedings also involved an application to dispense with the joinder of the natural father of C, whose name and location were unknown.

The court was required to determine whether to grant the mother's application to relocate the children and, in doing so, to consider the paramountcy of the children's best interests. This involved an assessment of the various factors outlined in sections 60CA and 60CC of the *Family Law Act 1975* (Cth), including the benefit of a meaningful relationship with both parents, the need to protect the children from harm, the children's views, the nature of their relationships with their parents and other significant persons, and the parents' ability to facilitate a continuing relationship between the children and the other parent.

Justice Mullane ultimately refused the mother's application to change the children's place of residence, finding that it was not in their best interests. The court dispensed with the joinder of the natural father of C due to the unknown whereabouts of his name and location. By consent, orders were made for C to have contact with the father identical to that previously defined for M. The husband was granted leave to request a hearing for his costs application, with default provisions for dismissal if not listed by a specified date. All other outstanding applications were dismissed.