Jukic & Jukic

In the matter of *Jukic & Jukic*, Hartnett J of the Family Court of Australia considered an application by the mother for international relocation of the parties' two children, aged nine and seven, to Serbia. The father had disengaged from the proceeding on the final day of the hearing, leading to the matter being heard and determined on an undefended basis. The mother expressed a willingness to foster the relationship between the children and the father.

The central legal issue before the Court was whether the proposed international relocation of the children to Serbia was in their best interests, as mandated by the *Family Law Act 1975* (Cth). This required the Court to assess the various factors relevant to the children's welfare and to determine if the mother's proposal would promote these interests, notwithstanding the geographical separation from the father.

Hartnett J reasoned that relocation cases are determined by the same legislative framework as all parenting proceedings, focusing on the children's best interests. The Court noted that there is no requirement for a parent seeking relocation to establish "compelling reasons" for the move; rather, the paramount consideration is the child's welfare. The Court found that the mother's proposed relocation to Serbia, a country with which the children and father have significant connections, was in the children's best interests. This was supported by the mother's ability to obtain Serbian citizenship and the potential for increased financial support and opportunities for the children in Serbia. The father's expressed intention to return to Serbia also weighed in favour of the relocation.

The Court made orders as sought by the mother, permitting the permanent departure of the children from Australia to Serbia. These orders included provisions for shared parental responsibility, the children living with the mother, and detailed arrangements for the children to spend time with the father, both in Serbia and potentially in Australia. The orders also stipulated requirements for passport applications, notification of travel, and communication between the parties and the children, reflecting the agreed terms between the parties.