BRYCE & BONIG

In this matter before Dawe J of the Family Court of Australia, the dispute concerned parenting orders for two children, L and W. The mother sought sole parental responsibility and permission to relocate with the children to the United Kingdom, where her partner resides. The father opposed these applications.

The court was required to determine whether the presumption of equal shared parental responsibility under s 61DA of the *Family Law Act 1975* (Cth) had been rebutted. Additionally, the court had to consider the paramount consideration of the children's best interests, as outlined in s 60CA and s 60CC of the Act, in relation to the mother's application for relocation and the father's proposed time with the children. This involved assessing factors such as the benefit of a meaningful relationship with both parents, the need to protect the children from harm, the children's relationship with each parent, the parents' ability to facilitate a relationship with the other parent, and the practical difficulties and expenses associated with the proposed arrangements.

Dawe J found that the presumption of equal shared parental responsibility was rebutted due to ongoing conflict between the parties and the determination that it was not in the children's best interests for them to have equal shared parental responsibility. In reaching this conclusion, the court applied the principles from *Hepburn & Noble* and *Collu & Rinaldo*, which emphasise the importance of considering the best interests of the child and the reasonable practicability of proposed arrangements, particularly in relocation cases. The court noted the history of domestic violence between the parties and concerns that the father might not facilitate the children's relationship with the mother, as well as the risk of psychological harm to the children from exposure to family violence. The court also considered the practicalities of relocation, including the mother's proposal to fund annual trips for the children to visit Australia.

The court ordered that all previous parenting orders be discharged. The mother was granted sole parental responsibility and the children were ordered to live with her. The mother was permitted to relocate with the children to the United Kingdom. The court made detailed orders regarding the children spending time with the father, both in Australia and the United Kingdom, and stipulated communication arrangements between the children and the father. The mother was ordered to pay the costs of the children's travel to Australia and to accompany them on flights. Further orders were made to ensure the children's communication with the father, and to keep the father informed of the children's medical and educational progress. The mother was also required to place $30,000 into an interest-bearing account as security for future orders relating to the father's costs of enforcing orders and the children's travel expenses.