MARTELL & DEVIN

In *Martell & Devin* [2020] FamCA 984, the Family Court of Australia considered an application by the father, Mr Martell, seeking orders for the children to remain living in Australia, against the respondent mother, Ms Devin's, application for the children to relocate to the United States of America. The court noted that for practical purposes, the father could not enter the United States, and the mother could not reside in Australia in the short to medium term.

The primary legal issues before the court were whether the children should live with the mother and relocate to the United States, or remain in Australia with the father, with due consideration of the best interests of the children as mandated by section 60CC of the *Family Law Act 1975* (Cth). The court also considered the parties' drug and alcohol use, the enforceability of orders in the United States, and the concept of recognition time. The court also granted leave to re-open proceedings to adduce further evidence, finding it to be in the best interests of the children and the interests of justice.

The court reasoned that it was in the children's best interests for them to live with the mother and for her to be at liberty to relocate with them to the United States, subject to certain conditions. The court made detailed orders regarding the children spending time and communicating with the father, both in Australia and potentially in the United States, with specific provisions for travel costs and arrangements. The court also made orders concerning the parties' conduct, including prohibitions on denigrating the other parent and stipulations regarding substance use. The mother was also ordered to attend psychological and psychiatric treatment.