Hough & Knowles

In the Family Court of Australia at Adelaide, Mr Hough (the applicant father) and Ms Knowles (the respondent mother) were involved in proceedings concerning their children. The mother sought an interim order to relocate with the children from C, Regional Victoria, to A, Regional Victoria.

The court was required to determine whether it was appropriate to grant the mother's interim application to relocate the children. This involved considering the paramountcy of the children's best interests, as stipulated by section 60CA of the *Family Law Act 1975* (Cth), and assessing the various primary and additional considerations outlined in section 60CC of the Act. Key issues included the benefit of a meaningful relationship with both parents, the potential impact of the move on the children's existing relationships, the children's views and their capacity to understand the implications of relocation, and the practical difficulties and expenses associated with maintaining contact with the father.

The court reasoned that while the children expressed a strong desire to move to A, their ages and level of understanding meant their views should be given limited weight on an interim basis. The proposed relocation would significantly increase travel time and distance between the children and their father, potentially impacting their relationship. Furthermore, concerns were raised regarding the mother's willingness to facilitate the children's relationship with their father, and the need to thoroughly test evidence regarding the impact of previous moves and the proposed new environment. The court concluded that a final determination on whether equal time or substantial and significant time with each parent was appropriate, and a comprehensive assessment of the section 60CC considerations, required a full trial.

Consequently, the mother's interim application to relocate was declined. The court ordered that further consideration of the proceedings be referred to the Case Management Judge for listing for trial. Interim orders were made regarding the father's time with the children and communication between the father and children.