Markwell & Solberg & Anor

This matter concerned parenting orders for two children, B and D, with the applicant mother, Ms Markwell, seeking relocation. The first respondent father was Mr Solberg, and the second respondent father was Mr Ranwick. The dispute involved allegations of family violence and mental health issues, with the court noting significant credibility issues among the parties.

The court was required to determine the best interests of the children, B and D, in light of the relocation application and the complex family dynamics, including allegations of family violence and the mental health of the mother. Key issues included the children's living arrangements, parental responsibility, and the extent of time each parent would spend with the children, particularly in the context of the mother's proposed relocation.

Judge Hughes applied the principles of the *Family Law Act 1975* (Cth), focusing on the paramountcy of the children's best interests. The court considered the allegations of family violence and the mother's mental health, noting the need for therapeutic intervention. The reasoning led to a detailed set of orders aimed at establishing stable and consistent arrangements for both children, with a particular focus on the mother's potential relocation and its impact on B's schooling and living arrangements.

The court discharged previous parenting orders and made new orders for equal shared parental responsibility for both children. Specific arrangements were made for B's schooling in Canberra and for equal time living arrangements with both parents from the third school term of 2020, contingent on the mother residing in the Canberra district. For D, orders were made for the mother to have D live with her, provided she remained within 200 km of Town E, with specific time arrangements during school terms and holidays. The orders also included provisions for communication, parental involvement in the children's lives, and a requirement for the mother to engage with mental health professionals.