FERMIKIS & FERMIKIS

In *Fermikis & Fermikis*, Gill J of the Family Court of Australia considered parenting arrangements for children where one parent had unilaterally relocated them interstate contrary to existing court orders. The dispute involved serious allegations of risk of harm, including sexual abuse and neglect, presented by each parent against the other, and the children's prior evidence against one parent in criminal proceedings.

The court was required to determine the paramount consideration of the children's best interests, particularly in light of the allegations of harm and family violence. This included assessing the risk posed by each parent and considering whether the support of the broader family might ameliorate any identified risks of neglect. The court also had to address the implications of the mother's relocation of the children without notice to the father or the court, and whether a risk-neutral resolution was achievable.

Gill J's reasoning focused on the primacy of protecting the children from harm, rather than solely on the mother's conduct in removing the children contrary to orders. The court acknowledged the potential for concoction of sexual abuse allegations and considered the impact of the children having given evidence against a parent in previous criminal proceedings. The court also noted the potential for support from the maternal grandparents to mitigate risks of neglect.

The court ordered that the mother be permitted to relocate the children’s residence to Queensland, discharged specific interim orders concerning the children's residence and time with the father, and relisted the matter for determination of interim arrangements for time with the father, trial directions, and consideration of a single expert. Further affidavit filing deadlines were set, and the matter was listed for a final hearing.