Sadler & Sadler & Anor

The case of *Sadler & Sadler & Anor* involved a father seeking to relocate with his two children from New South Wales to Victoria, a proposal opposed by the mother. The existing final parenting orders, made in August 2008, stipulated that the children live with the father and spend time with the mother on alternate Saturdays. However, since those orders, the father had secured an employer transfer to Victoria, and the mother's relationship with the middle child had significantly deteriorated, leading to the child refusing contact. The eldest child had not been spending time with the mother even before the 2008 orders.

The court was required to determine whether to permit the father's relocation with the children to Victoria, considering the breakdown in the mother's relationship with the middle child and the existing arrangements for the eldest child. The central legal issue was how to best accommodate the children's welfare and the parents' circumstances, particularly given the substantial geographical distance that would arise from the proposed relocation.

Austin J reasoned that the relocation was imminent and that the existing orders were no longer practical or in the children's best interests, especially given the middle child's refusal of contact. The court acknowledged the breakdown in the mother's relationship with the middle child and the eldest child's prior disengagement from contact. Consequently, the court discharged or suspended certain existing orders for the eldest child, S, and the middle child, J, to reflect the new reality of the father's relocation.

The court made specific orders to facilitate contact between the mother and the children, including provisions for time with J during school holidays and long weekends, and for communication via telephone. For S, the orders were modified to ensure the child spends time and communicates with the mother according to S's expressed wishes. The court also made provisions for supervised contact for J if reluctance arose and stipulated financial contributions from the mother to the father.