Morgan v Miles

The appeal concerned interim parenting orders made by a Federal Magistrate regarding the relocation of children. The mother had moved approximately 144 kilometres from the town where the parties formerly resided, and the Federal Magistrate had ordered her to relocate the children back pending a final hearing. The father sought to uphold this order.

The court was required to determine whether the Federal Magistrate erred in the exercise of discretion by requiring the mother to relocate the children. This involved considering the principles applicable to interim parenting applications, particularly in light of the Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth). The court also considered whether different principles applied to interim versus final determinations, whether a "local" relocation or one that did not substantially affect the time a child spent with a parent warranted different considerations, and the effect of an order for equal shared parental responsibility. The paramount consideration remained the child's best interests, but this was not the sole consideration. The court also had to assess whether the Federal Magistrate failed to apply the relevant provisions of Part VII of the Family Law Act 1975 (Cth).

In its reasoning, the court found that the Federal Magistrate had not erred in the exercise of discretion. The principles enunciated in *Goode and Goode* (2006) FLC 93-286 were applied, and the court determined that the Federal Magistrate had correctly considered the relevant provisions of the Family Law Act 1975 (Cth). Applications to adduce further evidence were dismissed as the evidence was available at the time of the original hearing and was not considered appropriate for admission. No departure from the usual costs order under s 117(1) of the Family Law Act 1975 (Cth) was sought or warranted.

The appeal was dismissed.