Mitchell & Sadko (No 2)

This matter concerned an application by Mr Mitchell (the applicant father) and a response from Ms Sadko (the respondent mother) regarding orders for their three children. The dispute arose following an earlier Family Court of Australia decision that the children would live with the father in the United States of America. The court was required to determine the specific arrangements for the children's relocation, including holiday time, communication, and parental contact during the mother's potential visits to the US.

The primary legal issues before the court were the timing of the children's immediate removal to the United States, the determination of the mother's holiday time with the children in Australia, the parameters for electronic communication between the mother and children, and the arrangements for the mother's time with the children should she visit them in the United States. The court also considered the implications of the mother's alleged admission to a psychiatric hospital and the father's submission that the children were no longer in her care.

Justice Cronin applied principles from the *Family Law Act 1975* (Cth), including the duty to protect children and conduct proceedings with due expedition and minimal formality, as well as the overarching considerations under sections 60CA and 60CC. The court determined that the children should immediately relocate to the United States, noting the lack of evidence to dispute the father's claims regarding the mother's incapacity and the children's living arrangements. The court ruled that the mother's holiday time in Australia would commence in 2015, not 2014, to allow the children time to settle. Communication was to be between 7:00 am and 9:00 pm USA Pacific time, and during the mother's visits to the US, the children were to remain with the father during the school week to maintain their routine and stability. The court also dismissed the mother's proposed self-executing order for the children's return to Australia, stating that any such application would need to be made to the court.