Merla and Merla

In *Merla and Merla*, the Family Court of Australia considered an application by the respondent father for orders concerning the parenting of the parties' two children, aged 10 and 13. The applicant mother sought to relocate with the children to Queensland, while the respondent father opposed this move and sought orders for the children to live with him in New South Wales. The core of the dispute revolved around the children's best interests in the context of a proposed interstate relocation.

The primary legal issue before the Court was whether it was in the best interests of the children for them to live with their mother and relocate to Queensland, or to live with their father in New South Wales. This required the Court to consider the factors outlined in section 61DA and section 65C of the *Family Law Act 1975* (Cth), particularly the presumption of equal shared parental responsibility and the specific considerations relevant to determining the children's best interests, including the practical realities of each proposed living arrangement and the impact on the children's relationships with both parents.

Judge Newbrun applied the principles established in *Rice and Aslan* and *Goode and Goode*, emphasizing that the presumption of equal shared parental responsibility does not automatically dictate that children should spend equal time with each parent, nor does it preclude relocation. The Court carefully weighed the evidence presented by both parties regarding the proposed arrangements, including the children's schooling, extracurricular activities, and the capacity of each parent to facilitate the children's relationship with the other parent. The Judge considered the children's views, which were expressed through a Family Report, and assessed the practicalities and potential benefits and detriments of each proposed living arrangement. The Court ultimately found that it was in the children's best interests to live with their mother and relocate to Queensland, noting the mother's capacity to support the children's relationship with their father and the potential for the father to maintain a meaningful relationship through regular travel.