LEROY & LEROY

This case concerned an interim relocation dispute between the mother and father of two children, [X] and [Y]. The mother had unilaterally relocated with the children from Sydney to Town A. The father sought the return of the mother and children to Sydney and a transfer of proceedings to the Sydney registry, while the mother sought permission to remain in Town A with the children on both an interim and final basis. The matter came before Judge Harland.

The primary legal issues before the court were whether the mother and children should be permitted to remain in Town A pending the final hearing, and the appropriate interim parenting arrangements, including the father's time with the children. The court was required to consider the implications of the unilateral relocation, the allegations of family violence, and the best interests of the children in determining these interim orders. The court also had to navigate the limitations of an interim hearing in resolving disputed factual matters.

Judge Harland acknowledged that unilateral relocations are not condoned, but emphasised that interim decisions must be based on the best interests of the children in all the circumstances. The court noted the significant impact of a past incident of family violence on the children and parents, and that the full extent of family violence would need to be explored at the final hearing. The judge found that while alternative weekend contact in Melbourne might not be sustainable long-term due to the distance, the final hearing was only four months away. The court was not satisfied that overnight time or travel to New South Wales would be in the children's best interests at this stage, and therefore ordered that the father's time with the children would be day visits in Melbourne, with a phased introduction of supervised and unsupervised time.

The court ordered that the children live with the mother and that she and the children be permitted to remain in Town A pending the final hearing. Specific interim parenting orders were made regarding the father's time with the children, including supervised and unsupervised day visits in Melbourne. The court also ordered the parties to attend a conciliation conference and directed the preparation of an updated private family report. The matter was adjourned for a final hearing on 5 March 2019.