Macey & Hamilton

In the matter of MLC 7010 of 2015, Ms Hamilton (the Applicant Mother) and Mr Macey (the Respondent Father) appeared before Bennett J of the Family Court of Australia. The proceedings concerned parenting matters for their two children, aged 11 and 9. The primary dispute revolved around the mother's application to relocate the children, which the father opposed.

The court was required to determine whether to grant a permanent injunction restraining the mother from seeking to relocate the children. The parties had reached an agreement on this and other related parenting issues, and the court was asked to make orders reflecting their consent. The court also considered the best interests of the children and whether the proposed orders were otherwise proper.

Bennett J reasoned that the consent orders, including the permanent injunction against relocation, were in the best interests of the children and were otherwise proper. The court applied the principles of the Family Law Act 1975 (Cth), particularly concerning the paramountcy of the child's welfare. The court noted that the parties had agreed to attend Family Dispute Resolution and that the children would attend Kids' Talk prior to this.

The court made orders dismissing the interim and final orders sought by both parties in their respective applications. Crucially, the court ordered that the Applicant Mother be restrained by injunction from issuing further proceedings seeking the relocation of the children. The court also made orders regarding weekly payments from the Applicant to the Respondent's solicitor to satisfy a previous costs order, and each party was to bear their own costs of these proceedings. The final parenting orders of 2 May 2016 were to remain in force, with a variation to clarify that written agreements regarding the children would not be treated as a breach of any Intervention Order.