E and H

[2004] FCWA 166

JURISDICTION:

FAMILY COURT OF WESTERN AUSTRALIA

ACT: FAMILY COURT ACT 1997

LOCATION: PERTH

CITATION: E and H [2004] FCWA 166

CORAM: TOLCON J

HEARD: 23, 24 NOVEMBER 2004

DELIVERED: 24 NOVEMBER 2004

PUBLISHED: 2 DECEMBER 2004

FILE NO/S: PT 5990 of 1998

BETWEEN: E

Applicant/Father

AND H

Respondent/Mother

Catchwords:

Child - Best interests - Residence - Relocation

Legislation:

Family Court Act 1997 s 66, s 90, s 166

Category: Not Reportable

Representation:

Counsel:

Applicant: Mr Castiglione, QC Respondent: Self Represented Litigant

Separate Representative: Mr Pacy

Solicitors:

Applicant: Georgiou Vertannes

Respondent: Self Represented

Separate Representative: Pacy Solicitors

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

M and M (1989) FLC 91-979

1 The proceedings before the Court relate to K E-H born April

1997 now aged 7 years and herein referred to as K.

2K’s parents are the applicant/father, Mr E and the respondent/mother Ms H.

3 On 11 June 1999 the following consent orders were made:

“It is the intention of the parties that these proceedings shall be reviewed in 12 months’ time and in the interim the following orders shall apply:

By consent and until further order:

1. K reside with the respondent.

2. The respondent have the sole responsibility for K’s day to day care, welfare and development.

3. The respondent and applicant share the joint long term care, welfare and responsibility.

4. The applicant shall have contact with K as follows: (i) regular telephone contact to commence

when K is able to communicate verbally;

(ii) each alternate Saturday from 9:00 am until

7:00 pm;

(iii) in one of the intervening weeks on the Wednesday from 5:00 pm until 7:00 pm and in the other intervening week on the Sunday from 7:45 am until 2:00 pm;

(iv) if K’s birthday does not fall during a contact period, from 2:00 pm until 7:00 pm on this day;

(v) if K’s birthday does fall during a contact period, contact shall conclude at 4:00 pm on this day;

(vi) Christmas Day from 8:00 am until 2:00 pm; (vii) Easter Sunday from 8:00 am until 2:00 pm (viii) Fathers Day from 12:00 noon until 7:00 pm; (ix) contact be suspended on Mothers Day;

(x) if the following dates fall during a contact

period, contact shall conclude at 4:00 pm on these occasions:

23 January, 30 January, 2 June, 14 August

(xi) if the applicant’s birthday (11 August) does not fall during a contact period, on that day from 9:00 am until 1:00 pm

(xii) such other times as agreed between the parties.

5. The applicant shall collect K at the commencement of each contact period and return her at the conclusion of the contact period with the respondent to notify the applicant at least 7 days in advance if she will be at a location other than her residence (within metropolitan area).

6. All periods of contact shall take place at the applicant’s residence and be supervised by either or both of the applicant’s parents at all times or any other adult provided that the respondent consents to this adult.

7. The applicant shall not leave K in the sole care of another person/s during a contact visit without the respondent’s prior consent.

8. The applicant provide the respondent with his contact telephone number and advise of any change to this number within 48 hours of the change occurring.

9. All handovers shall take place outside the respondent’s home or outside the relevant location.

10. The applicant be restrained by injunction from removing K from:

(i) the respondent’s care, except during agreed contact times; or

(ii) the Perth Metropolitan Area wit hout the respondent’s written consent

11. The Family Court Counselling Service be directed to supervise these orders for a period of 12 months.

12. The applicant commence a Parenting Course specifically aimed at children under 4 years, approved by the respondent within 90 days of the date of these orders and provide proof that he has completed this course to the satisfaction of the course co-ordinator.

13. Contact be suspended during periods that the applicant is unavailable to exercise contact,

including but not limited to work commitments, travel and sporting activities.

14. If the applicant does not arrive to collect the child within 15 minutes of the time agreed without providing a reasonable explanation, the respondent shall be able to leave her residence if necessary, to meet other commitments.

15. The Amended Forms 8 and 8A of the parties be dismissed and all orders previously made be discharged.”

4 On 14 February 2000 the following orders were made:

“1. Until further order of the Court, paragraph 6 of the consent orders made herein on 11 June 1999 be suspended.

2. Until further order of the Court, all periods of contact with K be supervised by either or both of the parents of the applicant or by any of the persons named in paragraph 6 of the applicant’s affidavit, sworn 8 January 2000at all times.

3. Dr David Lord be appointed as Court Expert to examine and assess the said child and prepare and submit to the Court a report.

…….

9. The supervision team of the Family Court Counselling Service be requested to prepare, publish and distribute a report in relation to contact with the said child pursuant to paragraph 11 of the said consent orders of 11 June 1999, such report be prepared by no later than 14 April 2000.”

…..”

5 Dr Lord did not prepare a report because the matter settled.

On 22 March 2000 the following consent orders were made:

“1. Until further Order of the Court, paragraphs 2 to 9 of the Orders made herein on 14 February 2000 be suspended.

(Page 6)

2. The conciliation conference and directions hearing scheduled for 11.30 am and 2.l5 pm on 28 April

2000 respectively, be vacated.

3. Until further order, paragraphs 4 and 7 of the Orders made herein on 11 June 1999 be varied, such that the Father shall have contact with K without supervision as set out in the Proposed Agreement dated 14 March 2000 annexed hereto.

4. The Form 8 Application of the Applicant filed 29

February 2000 be otherwise dismissed.

5. The substantive proceedings be adjourned generally until after the parties have attended the counselling conference on 5 September 2000 with liberty to apply.

6. This matter be removed from the Active Pending

Cases list.”

Proposed Agreement

The parties agree that -

3.1 the father will provide the child with her own place to sleep and her own toiletries and clothes;

3.2 the father will take the child to any ongoing extra- curricula commitments that may occur on contact time;

3.3 the father have contact with the child on alternate weeks from 9:00 am Saturday to 4:00 pm Sunday commencing Saturday 25 March 2000;

3.4 the child spend Father’s day and Mother’s Day with the respective parents from 7.00 pm Saturday to

4.00 pm Sunday, regardless of the alternate weekend regime;

3.5 the father have contact at Easter from 7.00 pm

Thursday to 5.00 pm Saturday;

3.6 the father have contact at Christmas as follows:

. on 2000 and alternate years thereafter from

7.00 pm Christmas Eve to 1.00 pm

Christmas Day; and

(Page 7)

. in 2001 and alternate years thereafter from

1.00 pm Christmas Day to 10.00 am Boxing

Day;

3.7 the father be able to take the child to visit his sister’s family in Rockingham on contact;

3.8 the mother will provide the father with a medical certificate if the child is too ill to attend contact;

3.9 there will be no verbal communication between the parties at contact handover. Any communication will by way of a “Communication Book” that the father will buy and provide and that will accompany the child back and forth on contact;

3.10 if the father is not available for contact there will be no make up time but he will be able to pick the child up at a later time;

3.11 the father is able to leave the child with family members or friends if unforeseen circumstances arise on contact on condition that it is not longer than 4 hours and that he notify the mother of the relevant telephone number;

3.12 they review the above regime in 6 months at a further counselling conference at 9.00 am Tuesday 5

September 2000.

6 On 23 February 2004 the applicant filed his Form 3

Application seeking a variation of the above orders and on 24

March 2004 the respondent filed her Form 3A Response.

7 On 15 March 2004 the following orders were made

“1 Until further order of the Court and not by consent, the Respondent, be restrained and an injunction is hereby granted restraining her from removing the child K from

(a) the Applicant;

(b) the Applicant’s parents and, (c) the child’s school

2 The Respondent have contact with the child

as follows:

(Page 8)

(a) from after school until 700pm on Tuesday and Thursday; and,

(b) from 10.00 am to 6.00 pm on Saturday.

3The Respondent have telephone contact with the said child on a daily basis between 6.00pm and

6.30pm, with the Respondent to initiate the call.

4The paternal Grandparents to deliver the child to contact and collect the child at the conclusion of contact, with such contact to take place in Rockingham and be supervised by either Mother Hen or Anglicare, or any other facility with the consent of the Applicant.

5 The cost of such supervision be met by the

Applicant.

6Without admission, the Respondent be restrained and an injunction is hereby granted restraining her from consuming any prohibited drug or substance whilst the child is in her care, and in any case for a period of 48 hours prior to the child being in her care.

7The Applicant be restrained and an injunction is hereby granted restraining him from removing the child from the Commonwealth of Australia.

8The Applicant have leave to tender the subpoena files presently with the Registry, being from WA Police Department, Department for Community Development and the respective schools, and for the purpose of such tender that the Applicant’s solicitors furnish to the Respondent’s solicitors no later than close of Registry on 23 March 2004 with a schedule setting out with particularity the documents relied upon and to which the Court will be referred to.

9Within 7 days from the date hereof, the Applicant file and serve a Form 66 Notice of Risk of Child Abuse.

(Page 9)

10 The Applicant have leave to file and serve a further affidavit in response to the Respondent’s affidavit material.

11 Particulars of the obligations created by this order and the consequences that may follow if it is contravened are set out in the annexure.

12 The said application otherwise be transferred to the

Family Court of Western Australia.

13 The children be separately represented at the further hearing of these proceedings and the Director, Legal Aid Western Australia be requested to arrange for such representation.

14 The solicitors for the parties shall within 7 days provide to the Solicitor in Charge, Assignments Section, Legal Aid Western Australia, copies of the affidavits and other documents relevant to these proceedings, save for any affidavits or other documents that the Court has previously supplied to Legal Aid Western Australia.

15 The question of contribution by the parties to the costs of the Child Representative be reserved.

16 Each party who is not in receipt of legal aid in relation to these proceedings shall within 21 days from the date hereof provide a sworn Form 17 to the Solicitor in Charge, Assignments Section of Legal Aid WA.”

8On 23 March 2004 the applicant filed Notice of Child Abuse alleging:

“K is living in a house with her mother who has been charged with possession of prohibited drugs with intent to sell or supply, and the welfare of the child is jeopardized, as she is being exposed and man continually be exposed to drug use and/or drug trafficking by her mother and/or other members of the mother’s household/circle of friends, and she is also exposed to verbal threats and possible physical abuse by the mother and/or other people in the mother’s household/circle of friends including the mother’s former partner.”

(Page 10)

9 On 25 March 2004 the following orders were made:

“1. In the event that Mother Hen is unable to supervise the contact as previously ordered, contact is to take place between the respondent and the child K on Saturday, 27 March 2004 at a named park or other such venue as may be agreed between the parties.

2. Pursuant to paragraph 1 hereof, the paternal grandparents be in the vicinity of the contact but not immediately proximate and the applicant is not to be present during the contact period.

..”

10 On 31 March 2004 the following orders were made: “……

2. Until further order of the court –

(a) K reside with the paternal grandparents and with the applicant father when he is in Western Australia at the paternal grandparents’ home;

(b) In the event the respondent mother is unable to exercise contact in the local area, then the contact provided for in paragraph 2(a) of the orders made on 15 march 2004 be suspended and the contact provided in paragraph 2(b) of the said orders be extended to 10am to 7pm on Saturday;

(c) In the event contact does occur pursuant to paragraph 2(a) of the orders of 15 March

2004 the respondent mother provide the child with dinner and ensure she is bathed and ready for bed at the conclusion of the contact;

(d) Contact provided for in paragraph 2(a) of the orders of 15 March 2004 be extended during school holiday periods to 10am to 7pm with such contact to be able to occur in the town or Perth;

(e) Paragraph 4 of the said orders be discharged;

(Page 11)

(f) The contact provided for in these orders and the orders made on 15 March 2004 be supervised by Mother Hen at the expense of the applicant father;

(g) The time of commencement and conclusion of contact not include time spent by the Mother Hen contact supervisor and the child travelling to and from scheduled contact;

(h) The parties and the child representative have liberty to apply in relation to the implementation of these orders.

…”

11 In addition to the above orders, on 31 March 2004 an order was made that Cris De Rooster, Clinical and Forensic Psychologist be appointed Court Expert. On 2 July 2004 he published his report. In his summary at pages 17 and 18 Mr De Rooster stated:

“Both parents want residency of K. The main concerns in this family matter are:

.The father’s concerns where raised when the mother was charged to be in possession of illegal drugs, neglecting K, not seeing to it that she attends school regularly and left in the care of the mother’s older children.

.The mother is concerned about the father’s lack of ability to properly parent K and may act inappropriately towards her.

This assessment could not substantiate the mother’s concerns. The father was found a caring and dedicated parent who does what is best for K. He has always been involved in her life, upbringing and development. This assessment indicates that the father acted appropriately by raising his concerns whilst K was in the mother’s care and subsequently K was safely and appropriately placed in his parents care. The impact of this move has been very positive as can be seen in her academic improvement. The paternal grandparents took good and appropriate care of K.

This assessment substantiated the father’s concerns. The mother was not adequately or appropriately taking care of K and neglected her. When she was involved with her previous

(Page 12)

de facto. Her world was characterized with psychological dysfunction, ie dysfunctional and destructive relationship with her de facto impacting on her well-being, this in turn impacting significantly and creating dysfunctional interactions in the family and children. The mother herself experienced a traumatic childhood and traumatic experiences over the past 9 years, she has experienced physical illness and depression and at the same time, she had to care for between two and six children. More recently, she has been involved with illegal drugs. The mother’s situation became intolerable for the children, so much so that the older children could not bear it any more and decided to leave the family home to live with the mother’s family. Feedback from the school and subpoena material at the court and this assessment indicates that K was neglected (severely), did not regularly attend school, was not well cared for and would often have been left to fend for herself. Interventions and assistance given by different organizations to the mother did not better or change the mother’s situation over the years. During this assessment and probably over the last few months the mother’s situation has improved, she only cares for her two youngest children, as the older children do not live with her.

This assessment indicated that K’s best interest will be served to live with the father as the risks to reside permanently with the mother outweigh the benefits in the medium and long term. Regular unsupervised contact visits to the mother was suggested given what is practically possible as the father may reside primarily overseas. For now it was suggested K remains living with the paternal grandparents till she completes this year at school and the father can make appropriate arrangements for her future care.”

(See also his Supplementary Report dated 7 September 2004 ).

12 The respondent did not appear at the hearing. On the first day I adjourned the proceedings until 2.15 pm. The respondent did not appear. The Separate Representative informed me that he had written to the respondent informing her of the hearing date. The respondent had appeared at the court on a prior occasion and would have been aware of the hearing date. The respondent has been given every opportunity of being present and accordingly I propose dealing with the matter in her absence. For the purposes of these

(Page 13)

proceedings I propose referring to the respondent’s Form 3A Response and her affidavit sworn 23 March 2004 and the affidavit of the respondent’s sister sworn 23 April 2004.

Orders sought at trial

13 At the commencement of the trial, counsel for the applicant prepared a minute of orders sought, as did the Separate Representative. As a result of exchanges which took place between myself and counsel, they were able to reach agreement on the proposed orders, which are as follows:

“1. All previous orders in relation to K be discharged as from the conclusion of the 2004 school year.

2. As from l7 December 2004 the said child reside with the father and he be solely responsible for her day to day and long term care, welfare and development.

3. The father be at liberty to relocate the child from

Perth to overseas.

4. The requirement for the mother to consent to the issue of an Australian Passport for the said child be dispensed with, and in the event it is required, a Registrar of the Family Court of Western Australia be appointed to sign an application for the issue of a passport for the said child in the name of the mother.

5. The mother have contact with the child -

(a) During the school holidays at the end of Terms 1, 2 and 3 each year (or such other school term arrangement which exists at the Australian International School overseas), on the following basis:

i. The father arrange and meet the expenses associated with travel by the child to and from Perth:

ii. The father ensure the child is collected from the airport by either or both of the paternal grandparents or other responsible adult who is known to the child;

iii. The mother have contact during the first 10 days of the holiday period:

1. For the first two consecutive days from 9.00 a.m. to 5.00 p.m. such contact to be supervised by Mother Hen;

2. For the next two consecutive days there be no contact;

3. For the next two consecutive days from 9.00 a.m. on the first day to 5.00 p.m. on the second day;

4. For the next day there be no contact; and

5. For the next two consecutive days from 9.00 a.m. on the first day to 5.00 p.m. on the second day, with Mother Hen to supervise the last 6 hours of that period.

(b) During the Australian Summer School

Holidays, on the following basis:

i. The father arrange and meet the expenses associated with travel by the child to and from Perth;

ii. The father ensure the child is collected from the airport by either or both of the paternal grandparents or other responsible adult who is known to the child;

iii. During the 2004/05 summer holidays:

1. from 9.00 a.m. to 5.00 p.m. on 21, 23 and 28

December 2004, such contact to be supervised by Mother Hen; and

2. from 9.00 am to 5.00 p.m. on 25 December

2004 with the father to deliver and collect the child from the mother’s residence.

iv. Commencing 2005/06 the mother have contact over a 23 day period of the holidays over the summer each year:

1. For the first two consecutive days from 9.00 a.m. to 5.00 p.m. such contact to be supervised by Mother Hen;

2. For the next one day there be no contact;

3. Thereafter on a four day/night cycle with the child being with the mother from 9.00 a.m. on the first day to 9.00 a.m. on the fourth day and with the paternal grandparents from

9.00 am, on the fourth day to 9.00 a.m. on

the first day of the next cycle; and

4. Mother Hen supervise the last 6 hours of the last day of contact between the child and the mother.

(c) The father meet all costs associated with the Mother Hen supervision as provided for in these orders.

(d) The overnight contact provided for in these orders be subject to the Mother Hen supervisor have no concerns at the conclusion of the supervised contact period.

(e) By telephone on a minimum of one occasion each week with the father to be responsible for all costs associated with such calls and ensure that the child has liberal access to a telephone with international dialing facilities. The mother to keep the father informed of a landline telephone number at which the mother may be reached for the purposes of telephone contact.

6. In the event the mother is sentenced to a term of imprisonment in relation to criminal charges current pending against her, contact provided for in these orders, other than telephone contact, be suspended during such imprisonment.

7. The father provide to the mother:

a. Copies of all school reports, notices, certificates and other documents from the child’s school or relating to the child’s schooling, at no less than 6 monthly intervals; and

b. Information, copies of reports. certif icates and documents relating to the child’s

(Page 16)

medical, dental or any other health issues, including informing the mother of the name and contact details of any medical practitioner, hospital, clinic or health professional, the child attends.

8. Either parent or the Child Representative have liberty to apply, on an urgent basis, in relation to the implementation of the contact provisions in these orders.

9. The proceedings be otherwise dismissed.”

14 Counsel for the applicant, although agreeing with all of the orders as sought by the Separate Representative, in addition sought various restraining orders as follows:

1. The mother be restrained and an injunction be granted restraining her from -

.using drugs or other illicit substances during any contact period

.allowing any other person to use drugs or other illicit substances at her premises during contact periods or in the presence or vicinity of the child

2. If during any contact period the mother becomes aware of any illegal activities occurring at her premises, including but not limited to those referred to previously, she shall immediately remove the child from those premises and the illegal activity.

15 I indicated to counsel that I was not prepared to make those orders because of the difficulty of enforcing them. I appreciate the applicant’s concern, however, I will be making an order that the matter can be brought back before the Court on an urgent basis. The mother is well aware of the concerns of all in relation to this matter.

By way of background

16 The Parties -

. Commenced cohabitation in 1995

(Page 17)

. Separated in 1996, prior to the birth of K

. K is the only child of the relationship

. Have an acrimonious relationship.

17 The Applicant -

. Born August 1965 and is aged 39 years

.Petrophysicist by occupation and currently resides overseas and proposes to remain there for a further two years

.Parents reside in Perth, with whom he keeps in regular contact

. Holds real estate in Western Australia and regards

Western Australia as his domicile.

18 The Respondent -

. Born August 1964 and is aged 40 years

.Is not in employment and cares for her two younger children

.Has six surviving children from various relationships –

. M born January 1989 now aged 15 years

. A born June 1990 now aged 14 years

. B January 1994 now aged 10 years .

K

. D born September 2000 now aged 4 years

. B born June 2002 now aged 2 years.

Her husband died in December 1994 and some weeks after his death she lost a 3-1/2 years old child in a fire believed to have been started by his siblings (see paragraph

36 of her affidavit sworn 23 March 2004)

.Former de facto partner, is the father of the two younger children. Her relationship with him was

(Page 18)

not a happy one (see paragraphs 41 to 44 of her affidavit)

.Her relatio nship with the applicant was not a happy one (see paragraph 6 of her affidavit).

19 This is indeed a sad case, where the evidence satisfied me that the respondent mother -

. had an unhappy childhood

. had lost a husband and young child

.was unable to adequately care for her older children, resulting in their leaving their mother

.after the death of her husband, had a number of unhappy relationships

.was not providing adequately for the care of K and that it was appropriate to make interim orders placing the child in the care of her paternal grandparents.

20 I do not propose referring to the evidence relied upon by the applicant and separate representative in detail as I have read the affidavits relied upon and am familiar with the relevant circumstances. Further, no useful purpose is served by my referring to the material. In relation to the concerns that one might have with respect to the mother having unsupervised contact, I am aware of the decision of the High Court in M and M (1989) FLC

91-979 and in particular the passage regarding the need for a court

to achieve a proper balance as to contact and unsupervised contact and to assess the risk that might be afforded to the child. In the present case I have taken those matters into consideration and I am grateful for the Separate Representative’s submissions in that regard.

Significant Persons

21 The significant persons in the life of K are

(a) The applicant

(b) The respondent

(c) The paternal grandparents

(d) K’s siblings

(Page 19)

22 I agree with Mr De Rooster’s assessment of the applicant and respondent and it requires no further comment from me. Due to ill health, the paternal grandparents are not in a position to care for K on a full time basis, but they are prepared to care for her for short periods and to facilitate contact between K and her mother. Since K has resided with the paternal grandparents, her general outlook has improved considerably, as has her progress at school.

23 It would appear from the evidence that K has limited contact with her elder siblings and likewise with the younger siblings. I have had the benefit of reading the supervisor’s reports in that regard and I note that there has been a change in the child’s attitude to her siblings. Nevertheless, K should continue to be acquainted with her siblings. The fact that she has lived separately from them now for some considerable period of time is a matter of which I am well aware and I do not accept the evidence which supports that it has been to K’s detriment to be separated from her siblings.

Parenting

24 Mr De Rooster makes reference to parenting. The evidence satisfies me that the applicant has a more structured parenting style from that of the respondent. In that regard, I am aware of the comments made by Mr De Rooster that K will benefit in having regular contact with her mother.

25 I now turn to the relevant provisions of the Family Court Act

1997:

66. (1) ... to ensure that children receive adequate and proper parenting to help them achieve their full potential, and to ensure that parents fulfil their duties, and meet their responsibilities, concerning the care, welfare and development of their children.

(2) The principles underlying these objects are that, except when it is or would be contrary to a child’s best interests:

(a) children have the right to know and be cared for by both their parents, regardless of whether their parents are married, separated, have never married or have never lived together; and

(Page 20)

(b) children have a right of contact, on a regular basis, with both their parents and with other people significant to their care, welfare and development; and

(c) parents share duties and responsibilities concerning the care, welfare and development of their children; and

(d) parents should agree about the future parenting of their children.

90. In deciding whether to make a particular parenting order in relation to a child, a court must regard the best interests of the child as the paramount consideration AND consider the matters set out in Section 166.

26 I have considered all of the factors in this matter. I do not propose referring to each and every matter. I am satisfied that K has a good relationship with her parents and that any orders I make should ensure that this relationship be maintained. I am satisfied that the applicant is fully in tune with the child’s needs and in particular her financial and emotional needs. I am satisfied that should the child reside with him, the applicant will facilitate contact between K and her mother and siblings.

27 I am not satisfied that the mother is in tune with the child’s emotional and financial needs and there is ample evidence which causes me concern in that regard. Currently the child resides with her paternal grandparents. The proposals are that the child now reside with the father he completes his employment overseas. He has the means to provide adequately for the child and to attend to the child’s schooling. The child is familiar with the applicant’s environment as she has travelled there on a number of occasions and resided with her father.

28 Should the child reside with her father, she will be separated for fairly lengthy periods of time from her mother, siblings and other relatives who reside in Australia. In that regard, her school holidays will, in the main, be spent in Australia so that she can maintain her relationship with those significant people in her life.

29 Although there will not be an order, counsel for the father has indicated that once the child is able to operate a computer and if there are appropriate facilities in Perth, the father would encourage the child to communicate with her relatives in Western Australia by way of email. Apart from that, the child will have regular contact

(Page 21)

with her siblings and the mother will be fully informed of her progress overseas.

30 I am satisfied that the father would provide proper schooling and the like for K and would honour his obligations to this Court whilst K resides overseas.

31 On the other hand, the mother has had an unfortunate life.

Currently her life is in a state of flux, as a result of the many allegations which have been made against her. I have been informed that she is likely to be involved in criminal proceedings, that her elder children have left her home and whilst residing with her, K was a child at risk, educationally and otherwise. I accept that the child has a good relationship with her mother, but when I balance the applicant father’s proposals with those of the mother, quite clearly the applicant’s proposals are superior.

32 Hopefully, the orders that I make will put an end to the lengthy Court proceedings between the parties and they will work towards the interests of this child.

33 When I consider all the factors that I must and having regard to what is in the best interests of this child, it is clearly in her best interests that K reside with her father and it would be appropriate in the special circumstances of this case that, once the school year and the holidays are over, the child be permitted to relocate from Perth to reside with the father overseas.

I certify that the preceding [33] paragraphs are a true copy of the reasons for

judgment delivered by this Honourable Court

Associate