Champness & Hansen

In *Champness & Hansen*, the Family Court of Australia considered an application by the mother seeking to relocate with the parties' two children to the Republic of Ireland, or alternatively to Sydney. The father sought the return of the children to Adelaide. The mother had previously removed the children from Australia to Ireland, agreeing to their return following the father's commencement of Hague Convention proceedings.

The court was required to determine whether the proposed relocation to Ireland was in the children's best interests, considering the factors outlined in section 60CC of the *Family Law Act 1975* (Cth). A key issue was the impact of the relocation on the children's relationship with their father, including the practicalities and expense of communication and contact. The court also had to consider the presumption of equal shared parental responsibility and whether it applied, given the history of family violence.

Burr J found that the presumption of equal shared parental responsibility did not apply due to family violence and was not in the children's best interests. The court determined that the relocation to Ireland offered significant advantages and benefits to the children, and that provisions for contact and communication would enhance and sustain their relationship with the father. The court was satisfied that the mother's proposal for relocation was in the children's best interests.

Consequently, the court ordered that the children live with the mother and that the mother have sole parental responsibility. The mother was permitted to relocate with the children to Ireland from December 2008. Extensive orders were made regarding the father's supervised time with the children prior to and following the relocation, as well as provisions for communication between the father and the children. The father was also restrained from certain behaviours towards the mother and children.