Dumarche and Killon

In the matter of *Dumarche and Killon*, heard by Justice Cronin, the dispute concerned parenting arrangements for two children, J and D. The wife sought to relocate the children to Kuala Lumpur, Malaysia, for a period of 12 months, while the husband sought to prevent their removal from Australia. The court was required to determine whether to discharge existing orders, whether the current orders should be interim or final, and to make consequential orders regarding the children's residence, contact arrangements, and communication with the husband during any period of absence from Australia.

The court's reasoning focused on establishing a framework for the children's temporary relocation while ensuring the husband's continued involvement in their lives. Justice Cronin discharged earlier orders, deeming the current orders to be interim rather than final. The court permitted the wife to remove the children from Australia and reside with them in Kuala Lumpur for a specified period, with a clear requirement for their return to Australia by a set date. Crucially, the court also imposed detailed provisions for the husband's contact with the children during their absence, including during school holidays and any visits he might make to Malaysia, and mandated liberal communication methods.

The final orders reflected a carefully balanced approach, allowing for the temporary relocation while safeguarding the father's parental rights and the children's relationship with him. The court ordered the discharge of specific paragraphs of previous orders and declared the current orders to be interim. The wife was permitted to remove the children to Malaysia from October 2009 until September 2010, with a requirement to resume living in Australia with them thereafter and to refrain from changing their residence without further court order or the husband's consent. Detailed provisions were made for the husband's time with the children during their absence and upon their return, with liberty to apply for final parenting orders. The court also requested the Australian Federal Police to remove the children's names from the Watch List for international departures.