FALZONE & CABLE

In the matter of *FALZONE & CABLE*, Judge Neville of the Family Court of Australia considered an application by the mother for a change in residence for the parties' two children, who had been living with the father since 2017. The children, born in 2009 and 2011, had previously lived with the mother but were now well-settled in Canberra with the father, attending school and maintaining good relationships with both parents. The mother resided in Town C with a younger sibling from a later relationship, and the significant geographical distance between the parties necessitated substantial travel for the children.

The central legal issue before the court was whether to alter the children's living arrangements, which involved a substantial geographical distance and the children's established routine and schooling with the father. The court was required to assess the best interests of the children, considering their existing relationships with both parents, their current settlement and welfare in Canberra, and the practical implications of any change in residence, including the impact of travel.

Judge Neville determined that the children's current living arrangements with the father were in their best interests. The court reasoned that the children were well-settled, doing well at school, and had good relationships with both parents. The historical issues involving the Department of Family and Community Services were also a factor in the court's assessment. Consequently, the court ordered that the children continue to live with the father, with equal shared parental responsibility. The orders detailed specific arrangements for the children to spend time with the mother, including regular weekend contact and significant periods during school holidays, with changeovers to occur at designated locations. The orders also included provisions for communication, information sharing, and mutual restraint from denigrating each other or discussing court proceedings in the children's presence.