EGGERS & TAINE

In this matter before Judge Scarlett, the father sought an injunction to prevent the mother from removing their two young children from the [S] Shire of Sydney. The dispute arose when the mother relocated the children's residence outside the specified area while the father was initiating proceedings to restrain such a move.

The court was required to determine whether to grant an injunction restraining the mother from removing the children from the [S] Shire and ordering their return. Additionally, the court needed to consider the appropriate parenting orders, including the issue of parental responsibility and the living arrangements and time spent with each parent, all within the overarching consideration of the children's best interests.

Judge Scarlett granted the injunction, restraining the mother from removing the children from the [S] Shire and ordering their return to an address within that Shire within fourteen days. The court also ordered the re-enrolment of the elder child at [H] School and the younger child at [L] Kindergarten. Crucially, the court made orders for equal shared parental responsibility for the children, who were to live with the mother. The father was granted specific time with the children, including alternate weekends, portions of school holidays, and on specific birthdays and Father's Day, with provisions for collection and communication. The court also imposed injunctions restraining the parties from abusing or criticising each other in the presence of the children or via electronic communication, and directed the parties to attend a Family Consultant for a family report.