Edmunds and Bolwell

This case concerned parenting orders for four children, C, R, K, and T, born between 1996 and 2002. The dispute was before Monteith J of the Family Court of Australia. The mother sought to relocate the children to the United States to live with her new husband, while the father sought for the children to live with him.

The court was required to determine the best interests of the children in relation to their living arrangements and parental responsibility. Key legal issues included whether the mother's proposed relocation to the United States was in the children's best interests, the extent to which each parent should have parental responsibility and time with the children, and whether the presumption of equal shared parental responsibility applied. The court also had to consider the impact of the parents' acrimonious relationship and the mother's alleged alienating behaviour on the children's emotional and psychological well-being.

Monteith J applied the principles of the *Family Law Act 1975* (Cth), particularly section 60CC, which outlines the considerations for determining a child's best interests. The court found that the mother's evidence was unreliable and that her alienating behaviour towards the father was causing psychological harm to the children. Expert evidence from a Family Consultant and a social worker indicated that the mother was unwilling or unable to facilitate a positive relationship between the children and their father, and that relocation would be detrimental. Conversely, the father was found to be capable of meeting the children's needs and willing to encourage their relationship with the mother. The presumption of equal shared parental responsibility was rebutted due to evidence that it would not be in the children's best interests.

The court ordered that the children live with the father and that he have sole parental responsibility. The mother's application for relocation was dismissed. The orders included a phased approach to supervised and then unsupervised time with the mother, commencing after a 12-week period with no contact, and an injunction restraining the mother from removing the children from Australia. The parties were also ordered to attend intensive family counselling.