C and D

[2006] FCWA 22

JURISDICTION:

FAMILY COURT OF WESTERN AUSTRALIA

ACT: FAMILY COURT ACT 1997

LOCATION: PERTH

CITATION: C and D [2006] FCWA 22

CORAM: PENNY J

HEARD: 20 FEBRUARY 2006

DELIVERED: 3 MARCH 2006

FILE NO/S: PT 4090 of 2005

BETWEEN: C

D

Applicant AND Respondent

Catchwords:

Children's issues - relocation - mother left State without permission - significance of children's relationships with father and family members

Legislation:

Family Court Act 1997 - s 166

Category: Not Reportable

Representation:

Counsel:

Applicant : Mrs E Brownlie

Respondent : Self Represented Litigant

Solicitors:

Applicant : William R Allen & Associates

Respondent : Self Represented Litigant

Case(s) referred to in judgment(s):

A v A: Relocation Approach (2000) FLC 93-035

1This application deals with the vexed issue of where the children [ND], born February 1993, and [JC], born October 2000, will reside. The respondent, [LD], is the mother of both children. The applicant, [NC], is the father of [JC] and has acted as a father figure to [N], hereinafter referred to as [ND], since 1998.

2In August 2005 [the mother] relocated to [the Eastern states] with the two children. She did so in the knowledge that, not only had [the father] advised her lawyers that he did not consent to her taking the children out of Western Australia, he had filed an application in this Court seeking orders that [the mother] remain with the children in Western Australia. This application was served upon [the mother] five days before she left Western Australia. At the time she left, [the father] had been having regular contact with both children, although no court orders were in place to give effect to this arrangement. [The father] says he has a close relationship with both children and it is not in their best interests to be separated from him, his extended family, and [the mother]’s extended family by residing in [the Eastern states].

3[The mother] admitted that when she moved to [the Eastern states] she knew nobody, except a person with whom she had been corresponding on the internet and with whom she had developed a romantic attachment. This romantic attachment, however, had ceased prior to her leaving Western Australia. [The mother] submits she should be able to move to an environment which suits her and the children. She says the children have now settled into [a town] in [the Eastern states]. She has a good job, made friends in that town and she should be able to reside there with the children.

4[The father] works on a mine site, as does his wife, [V]. They both work the same shifts, which have previously been two weeks on, one week off. That will change in March so that they will work nine days on site followed by five days of rest and recreation, then eight days on followed by six days off. [The father] proposes to have contact with the children when he is in Perth, subject to their school attendances. If the mother moves back to Perth and lives in an area near where he resides, then he would like to be able to take the children to and from school. If that is not possible, he would like to have contact on the weekends he is in Perth.

5If the children are not ordered to return to Western Australia, then [the father] seeks contact for the whole of each of the April and October school holidays, and half of the July school holidays. He would seek to have further contact over the Christmas school

holidays periods for a period of three weeks, subject to his work commitments.

6[The mother] says that the children should reside in [the Eastern states] and have contact with [the father] for 10 days each school holiday period and 21 days in the Christmas school holidays. She says she will pay the cost of the children’s travel.

Background and history of the parties and the relationship

7The parties commenced living together in mid -1998. They lived together for a little over four years, but never married. There is only one child of the relationship, [JC]. When the parties resided together, [ND], [the mother]’s child from a previous relationship, resided with them. He was treated by [the father] as his own son. He has never met his father and calls [NC] “Dad”. During the course of the relationship [the father] worked on a mine site two weeks on and one week off. The parties built a home in [the suburbs] and moved into it in late 1999. This property was sold in October 2001.

8The parties purchased a block of land in [the south-west] and moved there with the intention of building another home. [The mother] says because the climate did not suit [JC], who suffered from chronic asthma, she decided they should move [further north]. The parties then decided to separate. [The father] returned to Perth and [the mother] relocated [further north]. [The father] had contact every third weekend with [JC] from Friday afternoon until Monday afternoon. Up until January 2003 this contact took place at his mother’s home in [the metropolitan area]. In January 2003 he moved to the [the southern beaches] area and has lived there since that time. [The father] had sport commitments when [the mother] was residing in [the south-west]; as a result, he was not always available to come on contact with [ND]. [The father], his wife, [V], and his father would, from time to time, travel to [the soout- west town] to watch [ND] play football. In 2002 [the father] took [ND] for a holiday to [the Eastern states] for a week.

9[The father] and [V] married in May 2005. They have lived together since February 2004. [V] has been present on contact visits since late 2003.

10 On 8 June 2005 [the mother] instructed solicitors to write to [the father] advising that she intended to move to [a town] in [the Eastern states]. In that letter she set out her proposals for contact. She stated she wished to move to [the Eastern states] because she felt it would be better for [JC] to live in a warmer climate and she

had “fallen in love” with someone who resides on the East Coast and she wished to “explore the possibility of their relationship growing into a permanent relationship” by moving closer to him.

11 [The father] responded to this letter stating that he did not want the contact he presently had to change, and that, in his opinion, it was in [ND]’s and [JC]’s best interests to remain in Western Australia and have regular contact with himself and their extended family. [The father] stated that he would like to have some discussion with [the mother] about the move and set out some dates when he would be available. [The father] heard nothing more from [the mother] or her solicitors in relation to the move and presumed that she was not going.

12 [The father] then heard that she was preparing to leave Western Australia without giving him notice. He immediately instituted proceedings seeking interim orders to prevent her leaving Western Australia with the children. [The mother] was served with the application on 10 August 2005 and left on 15 August 2005. Since she has resided in [the Eastern states] [the father] has had contact with [JC] two weeks in October 2005 and three weeks in January 2006 in Perth. In addition, he took [ND] skiing for a week in September 2005. [The father] has regular telephone contact with the children twice a week.

13 [The mother] resides in [a town], north of [the capital city].

Both [JC] and [ND] attend [local] school and [the mother] has

obtained employment with [ a company] in the sales area.

The law

14 The Full Court of the Family Court of Australia (Nicholson CJ, Ellis and Coleman JJ) set out in detail the approach that should be taken in determining a parenting case that involves a proposal to relocate the residence of a child in A v A: Relocation Approach (2000) FLC 93-035. The Full Court stated as follows:

“108. It is convenient to bring together in a summary form the most significant points we have made above. Courts of first instance faced with cases involving a proposal to relocate the residence of a child should adopt the following guidance and should be able to expect that cases are presented in a way that addresses the following matters to the extent that they arise:

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In determining a parenting case that involves a proposal to relocate the residence of a child either within Australia or overseas:

•The welfare or best interests of the child, as the case may be under the relevant legislation remains the paramount consideration but it is not the sole consideration.

•A court cannot require the applicant for the child’s relocation to demonstrate “compelling reasons” for the relocation of a child’s residence contrary to the proposition that the welfare of the child would be better promoted by maintenance of the existing circumstances.

•It is necessary for a court to evaluate each of the proposals advanced by the parties.

•A court cannot proceed to determine the issues in a way that separates the issue of relocation from that of residence and the best interests of the child. There can be no dissection of the case into discrete issues, namely a primary issue as to who should have residence and a further or separate issue as to whether the relocation should be “permitted”.

•The evaluation of the competing proposals (properly identified) must weigh the evidence and submissions as to how each proposal would hold advantages and disadvantages for the child’s best interests.

•It is necessary to follow the legislative directions espoused in s 60B and s 68F of the Family Law Act 1975 (Cth). The wording of s 68F(2) makes clear that the Court must consider the various matters set out in (a)-(l) of that subsection.

•The object and principles of s 60B provide guidance to a court’s obligation to consider the matters in s 68F(2) that arise in the context of the particular case.

•It is to be expected that reasons for decision will display three stages of analysis and:

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1. A court will identify the relevant competing proposals;

2. For each relevant s 68F(2) factor, a court will set out the relevant evidence and the submissions with particular attention to how each proposal is said to have advantages and/or disadvantages for that factor and make findings on each factor as the Court thinks fit having regard to s 60B;

•As one, but only one, of the matters considered under s 68F(2), the reasons for the proposed relocation as they bear upon the child’s best interests will be weighed with the other matters that are raised in the case, rather than treated as a separate issue…

•The ultimate issue is the best interests of the children and to the extent that the freedom of a parent to move impinges upon tho se interests then it must give way.

•Even where the proposal is made to remove the child to another country, courts will not necessarily restrain such moves, despite the inevitable implications they have for the child’s contact with, and access to, the other parent.

3. On the basis of the prior steps of analysis, a court will determine and explain why one of the proposals is to be preferred, having regard to the principle that the child’s best interests are the paramount but not sole consideration.

•The process of evaluating the proposals must have regard to the following issues:

(a) None of the parties bears an onus:

•In determining a parenting case that involves a proposal to relocate the residence of a child, neither the applicant nor respondent bear the onus to establish that a proposed change to an

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existing situation or continuation of an existing situation will best promote the best interests of the child. That decision must be made having regard to the whole of the evidence relevant to the best interests of the child.

(b) The importance of a party’s right to freedom of movement:

•In determining a parenting case that involves a proposal to relocate the residence of a child, care must be taken by a court to ensure that where applicable, it frames orders which in both form and substance are congruent with a party’s rights under s 92 of the Constitution, where applicable.

In determining a parenting case that involves a proposal to relocate the residence of a child and in deciding what is in the best interests of the child, the court must consider the

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Section 166 factors

arrangements that each parent proposes for the child to maintain contact with the other and, if necessary, devise a regime which would adequately fulfil the child’s rights to regular contact with a parent no longer living permanently in close physical proximity. If the Court is not satisfied that suitable arrangements have been made for the child to have contact with the other parent, it may be necessary for the Court to order a regime which would best meet the right of the child to know and have physical contact with both its parents.

(c) Matters of weight should be explained:

•In determining a parenting case that involves a proposal to relocate the residence of a child, a court must consider all the relevant matters referred to in ss 60B and 68F(2) and then indicate to which of those matters it has attached greater significance and how relevant matters balance out.

•In a parenting case that involves a proposal to relocate the res idence of a child, no single factor should determine the issue of which proposal is preferred by a court.”

15 As these parties never married, I must, in determining what is in the best interests of the children, take into account the matters set out in s 166(2) of the Family Court Act 1997 (WA).

(a) any wishes expressed by the child and any factors (such as the child's maturity or level of understanding) that the court thinks are relevant to the weight it should give to the child's wishes;

16 I have no strong expressions from either of the children as to their wishes. [The father] says that [JC] is very keen to return to Western Australia and to her extended family members. [JC] is only 6 years and too young for her wishes to be taken into account.

[The mother] says that [ND] is happy and settled on the East Coast and is doing very well in his sporting activities.

(b) the nature of the relationship of the child with each of the child's parents and with other persons;

17 The children have a good relationship with each of the parties.

While [the mother] has been the primary caregiver for the children, [the father] has maintained a good relationship with them since

separation. As stated previously, he has been the only father figure for [ND].

18 The children have a very close relationship with their extended family members in Perth, including [V], [the fathers wife] and [his] father, Mr [C], and his wife.

[ND] calls him Grandad. Mr [C] has taken an interest in [ND]’s sporting activities and has travelled with [the father] to watch him play football.

19 The children have had a good relationship with [the mother]’s father, her adopted mother, her brother, [S], and her extended family.

20 In the context of this matter the relationship the children have with these extended family members is very important. [The mother] states that even though she knew nobody in [the Eastern states] when she arrived, she has made very good friends in [the town] and has had more support from people in that area than she has ever had in Western Australia. It is of concern that [the mother], who has lived all her life in Western Australia, has been unable to develop supportive and caring relationships. In her affidavit for trial, she stated that she was not close to her adopted mother, her father and her brother. At trial she stated the affidavit was incorrect and, in fact, she did have a good relationship with her father. She said her father telephones and speaks to the children regularly. He sat in court, but did not provide an affidavit for her for these proceedings. In fact, no other person swore an affidavit on her behalf.

21 [The mother] had a good relationship with her brother before she left for [the Eastern states]. He did not approve of her move to the East Coast, or the fact that she did not tell [the father] she was going, and they have been estranged since that time.

22 The extended family members of [the mother] have helped her over the years, firstly with [ND], and later with [JC]. While at times they have not had good relations with her, they have been

prepared to assist with the children. The only contacts [the mother] has in [the Eastern states] are the friends she has met in the last five to six months. It is of concern that there may not be support for her in the future if anything goes wrong with those relationships. In Western Australia, on the other hand, even if she is on poor terms with either [the father], [V] or various extended family members, they will still be available to assist with the children.

(c) the likely effect of any changes in the child's circumstances, including the likely effect on the child of any separation from:

(i) either of his or her parents; or

(ii) any other child, or other person, with whom he or she has been living;

23 [The mother] says that there will not be any detrimental effect upon the children of living in [the Eastern states] and having less contact with [the father]. She says that [JC]’s health is much better and, in particular, her asthma is now under control since she has resided in [the Eastern states]. She needs to take her preventative medication each day, but she does not now regularly use Ventolin, and has not missed any days at pre-school. She says that this was not the case when she was residing in [the south-west]. In cross- examination she accepted that [JC]’s asthma had not been as severe before she left Western Australia as it had been when she was an infant. [The mother] stated that when [JC] came back for a holiday in October and stayed with [the father] at [the southern beaches] she again developed asthma. [The father] denies that this occurred.

24 [The father] says the effect of the children living in [the Eastern states] and not having regular contact wit h him is that [ND] will be deprived of regular contact with the only father figure that he has known and [JC], who is now in her first year of school, will be deprived of having her father and other family members involved in her day to day life, including schooling and sporting activities. He does not accept that [JC]’s asthma is as serious as it was and does not accept that she needs to live in [the Eastern states] to manage better her condition.

(d) the practical difficulty and expense of a child having contact with a parent and whether that difficulty or expense will substantially affect the child's right to maintain personal

relations and direct contact with both parents on a regular basis;

25 [The mother] says that [the father] will be able to maintain his relationship with both [JC] and [ND] by seeing them four times per year in Perth and by having regular telephone and webcam contact with the children. She proposes that she pay for the children’s airfares. As I state later in my judgment, I have reservations about her ability to meet those expenses. However, [the father] earns a very good income and would be able, if necessary, to meet the costs of the contact. The effect of this may well be, however, that his child support payments will be reduced and this could have a negative impact upon the children if [the mother]’s income is reduced.

26 [The father] says that while the contact during the school holidays will help him to maintain his relationship with the children, he will not be able to be as involved in the children’s schooling and sporting activities as he has been in Western Australia. He says this will have a detrimental effect on the children, as will the fact that their grandparents, aunts and uncles will also be deprived of the same opportunity.

(e) the capacity of each parent, or of any other person, to provide for the needs of the child, including emotional and intellectual needs;

[The mother]’s stability

27 I have some concerns about [the mother]’s capacity to care for the child ren, whether in the [south-west region of Western Australia ] or [the Eastern states]. After the parties separated in December 2002, [the mother] moved to [the south-west] to reside with the children. She has not been able to provide the children with a stable environment since that time. During the time she resided in [the south-west], a period of four years, she moved residence on five different occasions. She denied that the number of moves were unsettling for the children. I do not accept that. [ND] attended two schools while in [the south-west].

28 Since arriving in [the Eastern states] [the mother] resided firstly with an elderly couple in holiday accommodation. She then moved to another address for a period of two weeks, and then moved into the accommodation in which she now resides.

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[The mother]’s mental state

29 [The father] says that [the mother]’s ability to care for the children is compromised because of her mental state; in the past she has suffered from panic attacks and, he says, depression. In

2004 [the mother] did suffer from panic attacks because of a number of traumatic incidents which have occurred over a number of years. As a result of her concerns she asked [V], to care for [JC] on one occasion when she felt she was incapable of doing so. On another occasion she stayed with [V], when [the father] was away, to obtain some support from her while she was suffering from anxiety and panic attacks. [The mother] says these problems have now resolved and she not had any panic attacks in the last year.

30 [The father] says that in November 2004 [the mother] asked him if he would like “full custody” of [JC]. She discussed the idea of taking [ND] to reside in [the Eastern states] with her and [JC] staying in Western Australia with [the father]. [The mother] then changed her mind about this arrangement. [The mother] denies this and says that she only spoke to [the father] about having [JC] for three or four weeks. I accept [the father]’s evidence on this topic; however, this occurred at a time when [the mother] was particularly vulnerable and distressed over incidents which had occurred over a number of years.

31 I do not accept that [the mother]’s capacity to care for the children is adversely affected by her mental state.

Financial capacity

32 I do, however, have some concerns about [the mother]’s capacity to provide for the financial needs of the children while residing in [the Eastern states]. At the present time she receives a weekly income from her employment of $785. [The father] pays child support of $239 per week, and she receives a family benefit of $115. Her total weekly income is $1,140. Her rent is $330 per week, her tax $156. She owes $15,500 on a loan, which she took out in 2002 and is now paying at the rate of $200 per fortnight. She defaulted on this loan agreement previously with the Commonwealth Bank and it has now been handed to a finance

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company. She has a Master Card with Westpac and owes Harvey Norman for a computer. She owes $6,000 in legal fees, which she is paying off at $50 per week. In addition, she has expenditure on petrol, mobile phone, child minding, food and other expenses for the children. She says she will meet the costs of travel for the children when they come for contact.

33 In the past [the father] has provided financial support for [the mother] in her move from [a regional centre] to [the south-west] and offered financial support to enable her to move from [the south-west] to [the metropolitan area]. [The mother]’s adopted mother has also given her some financial support and, in particular, gave her funds when she was moving to [the Eastern states]. She is unlikely to receive the benefit of these offers of assistance in [the Eastern states]. It is difficult to see how she will be able to afford to contribute towards the cost of travel on contact.

34 [The mother] says that she is currently on probation in her employment and after that period of three months is complete she will be paid a commission for the advertising she brings in. She anticipates she will be able to increase her earnings as a result of these commissions in the future.

Capacity to care for children

35 As stated previously, [the mother] has relied on the support of

[the father], [V] and various family members to help care for

[ND] and [JC]. In [the Eastern states] she will not have this support. While she says she is able to rely on various friends she has met since August when she moved to the area, this does not provide much comfort for me. She has a history of poor interpersonal relationships with both family and friends. Her comment that she has had more support from people she has met in the last five months than she ever had in Western Australia is testimony to her inability to maintain a supportive frie ndship base. There is no reason why that should improve in [the Eastern states]. There is a strong likelihood that if she remains in [the Eastern states] that [ND] will become more and more responsible for caring for his sister. This is occurring to some extent already. That would not be in his best interests. If they were to return to Perth there would be numerous family members who would be prepared to look after the children at short notice for her.

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36 If the children are ordered to return to Western Australia, [the mother] will return with them. She will then have to obtain accommodation, probably in the Perth or [the south-west] region, and the children will then have to start at another new school. She will have to look for other employment. [The father] says he is prepared to provide financial assistance for [the mother] if she is required to relocate to Western Australia. I have no doubt that [the mother] will be unhappy at being forced to return; however, when she left, she knew that [the father] did not agree to her leaving. Not only did he not agree, he had filed an application seeking an order that she be restrained from doing so. [The mother] stated that as there were no court orders in place in relation to contact, there was no prohib ition to her moving interstate. That may be so, but after being served with [the father]’s application she was very well aware when she moved on 15 August 2005 that the Court may order her to return to Perth.

37 I have no evidence that [the mother]’s cap acity to care for the children would be negatively impacted upon by her return to Perth. She has been able to obtain employment in the past. Her expenses associated with rent, in particular, are likely to be less than in [the Eastern states].

[The father’s capacity to care for children

38 As to the capacity of [the father] to care for the children, that has been in the past, and will be in the future, dictated by his work commitments. Up until [the mother] relocated to [the Eastern states] [the father] would have contact to [JC] when he was in Perth from Friday afternoon until Monday. He would have contact with [ND] whenever his sport and other commitments would allow. [The father]’s mother and father, who are separated from each other, both take an interest in [JC] and [ND], and have regular contact with them when [the mother] was living in Perth.

39 [The father]’s work commitments are now changing and even though he will not be away for two weeks at a time as he was in the past, his periods in Perth will not always coincide with weekends. As [JC] will be going into year 1, there will need to be more emphasis on her schooling. If [the mother] returned to Perth and resided in the area near [the father], he would then be able to have contact with [JC] and [ND] out of school hours and become involved in taking them to school and picking them up while

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he was in Perth. If [the mother] lives in an area which does not allow for that sort of easy access by [the father], then the contact the children will have with [the father] will be restricted to weekends when he is in Perth.

40 [The mother] does not query the care provided by [the father] and [V] for the children; however, she does state that [the father] does not fully appreciate the extent of the asthma suffered by [JC]. I am satisfied after hearing him give his evidence that he appreciates [JC]’s problem with asthma and is able to deal with it.

(f) the child's maturity, sex and background (including any need to maintain a connection with the lifestyle, culture and traditions of Aboriginal peoples or Torres Strait Islanders) and any other characteristics of the child that the court thinks are relevant;

41 It is of significance, in my view, that [ND]’s only father figure is [the father]. They obviously have a close relationship. Both before and after separation they have been away together for holidays without [the mother] or [JC]. [The father] has supported [ND]’s sporting activities, as has his father and other family members. He has also financially supported him.

42 [The mother] is now estranged from her brother as a result of her conduct in moving to [the Eastern states]. Previously she did not have a good relationship with her father, although she now says that has changed and he speaks to [ND] on the phone. Her father has not visited [the Eastern states] since she has resided there. In my view, [the mother] grossly underestimates the benefit to [ND] of having [the father] and other male extended family members as role models and mentors for him in the future.

(g) the need to protect the child from physical or psychological harm caused, or that may be caused, by:

(i) being subjected or exposed to abuse, ill-treatment, violence or other behaviour; or

(ii) being directly or indirectly exposed to abuse, ill- treatment, violence or other behaviour that is directed towards, or may affect, another person;

43 I am satisfied that the children will not be exposed to physical or psychological harm either if [the mother] resides in [the Eastern states] or Western Australia.

44 [The father] has, in the past, been abusive towards [the mother]. I am satisfied that since giving an undertaking not to act in such a manner that this is unlikely to happen again.

(h) the attitude to the child, and to the responsibilities of parenthood, demonstrated by each of the child's parents;

45 [The mother] has generally been a responsible parent. She has been the primary caregiver to [ND] and [JC] since their birth. She has, however, since the parties separated, moved house on a number of occasions. [ND] has now attended three different schools in five years.

46 [The father] smoked very large amounts of marijuana while in the relationship with [the mother] and, in my view, was likely to have been an irresponsible parent as a result of it. He was obviously able to provide financially for the family, but was moody and prone to aggression on occasions. He says that he no longer smokes marijuana. On the mine site, random drug tests are done regularly. I accept that his employment is important to him and that he would not put his job in jeopardy by smoking marijuana.

47 He has always paid child support and he has always had contact with the children. In my view, he now acts as a responsible parent.

(i) any family violence involving the child or a member of the child's family;

and

(j) any family violence order that applies to the child or a member of the child's family;

48 [The mother] obtained an interim violence restraining order against [the father] as a result of an incident at a contact handover. [The father] accepts he was angry when this incident occurred. In the past [the father] has been violent and punched a door. I am satisfied the violence in the relationship was caused by the fact that [the father] was under the influence of marijuana for much of the time. Since [the father] signed an undertaking to not act in an inappropriate manner, there have not been any instances of violence or threats of violence towards [the mother] by him.

49 There is no outstanding violence restraining order and I am satisfied that the children will not be exposed to family violence either in [the mother] or [the father]’s household.

(k) whether it would be preferable to make the order that would be least likely to lead to the institution of further proceedings in relation to the child;

50 The parties have, up until the time [the mother] left for [the Eastern states], been able to resolve issues in relation to the children themselves. It is unfortunate, for their own relationship and for the children, that these proceedings were necessary.

51 I am satisfied that [the mother] is likely to abide by contact orders, but that [ND], as he gets older and gets used to not having regular contact with [the father] or the extended family members, is likely to develop his own interests and may not come to Western Australia for regular contact.

52 I am not satisfied that [the mother]’s residence in either Western Australia or [the Eastern states] will affect the institution of further proceedings.

Conclusion

53 I understand [the mother]’s desire to want to leave Western Australia and start again in [the Eastern states]. Her initial motivation, which was to explore her relationship with a friend, is no longer an issue. She has done well since arriving in [the Eastern states] to find a job and provide for the children. Her arrangements for the children are appropriate, but I have concerns about her ability to provide financial security for the children with the debts and expenses she has incurred. She certainly has no ability in the short term to save.

54 Despite arrangements being appropriate and acknowledging [the mother]’s freedom to move, my opinion is that it is in the children’s best interests that they return to Western Australia. I have come to a difficult decision taking into account the following matters:

•[the mother] has a history of being unable to maintain strong interpersonal relationships. After a lifetime of living in Western Australia she was of the opinion her supports in [the Eastern states] were more significant than any support offered to her in Western Australia. As she has been unable to maintain supportive relationships in the past, it is unlikely she will be unable to maintain these new relationships in the future. It is my view that she will need support from time to time with the children. She is not likely to get that support in [the Eastern states]. If she resides in Western Australia, even

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if she does not get on with her family and extended family members, most of them are prepared to assist her.

•[the mother] underestimates the assistance which has been given in the past by [the father] and [V] in caring for the children. They will not be available for any emergency care if the children resid e in [the Eastern states].

•[the mother] underestimates the significance of the extended family members to the children and the support they have offered them in the past. These relationships will be easier to maintain in Western Australia where the family members will be able to support and encourage the children in their schooling and sporting and other achievements and be available at short notice if necessary.

•It is important, in my view, that [ND] has the benefit of [the father] and other male family members when growing up. He is coming to an age where he will be aware of his lack of a father and it is important that he maintains his strong relationship with [the father]. This can be achieved more easily in Western Australia than in [the Eastern states].

•[the mother] has moved house frequently. This does not provide the children with a secure base. If she resides in Western Australia, family members and [the father] will be aware of this and may be able to assist the children. If it continues to occur in [the Eastern states] they may not be aware of it or be able to offer assistance.

•[the mother] will not be able to afford the cost of airfares for the children to return to Perth on contact. If [the father] pays it, [the mother]’s child support may well be reduced. She cannot afford to lose that income. The children may suffer as a result of this.

55 For the above reasons it is in the children’s best interests that they return to the Perth or [the south-west] area. I will hear from the parties as to the manner in which this should be effected.

I certify that the preceding [55] paragraphs are a true copy of the reasons for

judgment delivered by this Honourable Court

(Page 21)

Associate