Grosby & Grosby

In *Grosby & Grosby*, heard before Justice Mullane, the dispute concerned a mother's application to relocate with her two children from the Hunter Valley to Sydney, which was opposed by the father. The father had previously maintained a limited role in the children's lives until he learned of the mother's relocation plans, at which point he filed his application.

The court was required to determine whether to permit the mother to relocate with the children to Sydney. This involved considering the paramountcy of the children's best interests, as mandated by section 60CA of the *Family Law Act 1975* (Cth). The court also had to assess the primary considerations under section 60CC(2), namely the benefit of a meaningful relationship with both parents and the need to protect the children from harm, including family violence. Additional considerations under section 60CC(3) were also relevant, such as the children's relationships with each parent, the parents' ability to facilitate a relationship with the other parent, the likely effect of the relocation, and the practicalities of maintaining contact.

Justice Mullane found that the father had a history of alcohol abuse, violence, and controlling behaviour towards the mother and her new partner. The court determined that the father was using the proceedings to control the mother and her partner. Crucially, the court concluded that the children's interests would be better served by living further away from the father, and that their interests required orders for each parent to have responsibility for day-to-day decisions when the children are in their care, with the mother having sole parental responsibility otherwise.

Consequently, the court discharged all previous orders and ordered that the children live with the mother, granting her permission to reside in Sydney. The father was granted parental responsibility for decisions concerning the children's welfare and development when they spend time with him, while the mother retained sole parental responsibility in all other respects. Specific arrangements for the children's time with the father were detailed, along with provisions for communication, notification of serious events, and international travel.