Noelle and Fournier (No 2)

In the matter of *Noelle and Fournier (No 2)*, Dawe J of the Family Court of Australia considered an application by the mother to transfer proceedings from the Adelaide Registry to the Melbourne Registry. The mother resided in Melbourne, while the father had relocated to Western Australia. The dispute involved applications by the mother for orders concerning the children, and an application by the father for an adjournment, alleging non-receipt of the mother's documents.

The court was required to determine whether it was appropriate to transfer the proceedings to Melbourne, and what interim orders should be made regarding the children, S and T, in light of the father's claim of not having received all necessary documents and the need for further material. The overarching consideration for the court was the best interests of the children.

Dawe J reasoned that it was appropriate to transfer the proceedings to the Melbourne Registry, taking into account the background of the matter and the issues to be determined. The court held that it was inappropriate to make final orders concerning the children when the father had not received all the mother's documents and further material was required. Consequently, the court ordered that the current arrangements for the children should remain unchanged during the adjournment, with specific provisions made for child S to live with the mother and for child T to spend time with the mother, including detailed arrangements for travel and the father's obligation to obtain and pay for return air travel. The court also made orders regarding the filing and service of documents and requested the transfer of the Independent Children's Lawyer's appointment to the Melbourne Registry.