Pendelton & Reckert

This matter concerned parenting orders for a child, X, born in 2007, between the applicant father, Mr Pendelton, and the respondent mother, Ms Reckert, before Tonkin J of the Federal Circuit and Family Court of Australia. The dispute centred on the mother's proposal to relocate with X to Town E, which was approximately 300 kilometres away, and to enrol X in a new school there. The child has special needs, including Pervasive Developmental Disorder, later modified to Attention Deficit Disorder, and struggles academically.

The court was required to determine what parenting orders were in the best interests of the child, X, particularly in light of the proposed relocation and change of schooling. Key issues included the suitability of the proposed new school, the child's own wishes regarding the move, the mother's accommodation arrangements in Town E, and the potential impact of such a significant change on X's well-being and academic progress, given his special needs.

Tonkin J applied the principles for determining children's best interests under the *Family Law Act 1975* (Cth), noting that these were interim proceedings and the evidence had not been tested. The court found that the mother's proposal involved a significant change for X, who did not wish to move or leave his familiar surroundings and friends. The court was not satisfied that the proposed new school in Town E was suitable for X's special needs, nor was there evidence of enrolment or a place being allocated. Furthermore, the mother's accommodation plans were uncertain, and there was no affidavit from her mother supporting the suggestion of residing with her. The court accepted the father's submission that there was insufficient evidence to support the relocation, particularly regarding how X would cope, with a family consultant's opinion that the child would be intensely unhappy and experience disruption.

The court made interim orders that the child X shall live with the mother and continue to reside in the Suburb B, Suburb C area and attend D School. X is to spend time with the father on alternate weeks during school terms, with specific arrangements for school holidays and special days. The court noted that previous orders made on 25 February 2021 would continue until 29 April 2021, and certain consent orders from December 2020 would remain in effect. The matter was adjourned for a final hearing in January 2022.