Rufford and Jergens

In the Family Court of Australia, Mr Rufford (the father) and Ms Jergens (the mother) were parties to proceedings concerning parenting orders for their three children. The mother sought to relocate with the children to the Netherlands, a proposal opposed by the father, who was incarcerated at the time. The father sought orders for shared parental responsibility and for the children to spend time with him both before and after his release from prison.

The court was required to determine whether to grant the mother's application for international relocation of the children to the Netherlands. This involved considering the best interests of the children pursuant to section 60CC of the *Family Law Act 1975* (Cth), and whether the presumption of equal shared parental responsibility was rebutted. The court also had to assess the father's proposals for contact with the children, both during his incarceration and following his release, and the feasibility of these arrangements.

Stevenson J found that the presumption of equal shared parental responsibility was rebutted. The court noted unchallenged evidence of the mother and children's strained financial circumstances, their dependence on government benefits, and that two of the children have special needs. The court ultimately permitted the mother to relocate with the children to the Netherlands, discharging all existing orders and granting the mother sole parental responsibility. The mother was ordered to provide the father with advance notice of major long-term decisions and to take his views into account. The children were to live with the mother, and specific orders were made regarding travel, communication, and the provision of information to the father, including arrangements for supervised contact during the father's incarceration and annual visits to Australia after relocation.