Brant & Brant

In the matter of SYC 557 of 2021, Mr Brant (the applicant father) sought interim parenting orders against Ms Brant (the respondent mother) concerning their two children. The dispute arose following the mother's unilateral decision to relocate with the children, which significantly altered their established post-separation living arrangements where they had spent almost daily time with the father. The mother proposed a new arrangement involving substantially less time with the father, while the father offered to mitigate any practical difficulties associated with maintaining his existing involvement.

The court was required to determine the interim parenting arrangements for the children, specifically addressing the presumption of equal shared parental responsibility in circumstances where the children had recently experienced a drastic change to their living situation due to the mother's relocation. The court also had to consider the mother's actions in unilaterally enrolling the children in new schools and the father's proposal to alleviate practical challenges.

Altobelli J applied the principles of the *Family Law Act 1975* (Cth), including the presumption of equal shared parental responsibility. The court found that the mother's actions had disrupted the children's established routine and their relationship with the father. To address this, the court ordered that the mother be restrained from enrolling the children in new schools or relocating them outside a specified radius without the father's consent. Furthermore, the court ordered that the children return to the area from which they had departed, with the option for the mother to occupy the former matrimonial home. Crucially, the court ordered that the children live with both parents in an equal shared care arrangement, commencing from 1 March 2021, with detailed provisions for the division of time during school terms and holidays.