Salamando and Salamando

In *Salamando and Salamando*, heard in the Family Court of Australia at Melbourne, Justice Carter considered interim parenting arrangements for four children amidst a dispute between the husband and wife regarding the relocation of the three younger children to Queensland. The husband sought for all four children to live with him in Victoria, while the wife wished to remain in Queensland with the three younger children, who had recently moved there. The court was tasked with determining the best interim living arrangements for the children pending final orders.

The central legal issue before the court was to determine the interim parenting arrangements for the four children, specifically whether the three younger children should reside in Victoria with their father or remain in Queensland with their mother. This involved assessing the paramount consideration of the children's best interests, considering the legislative framework for parenting orders, including the presumption of equal shared parental responsibility and its exceptions, and evaluating the evidence presented by both parties regarding the children's welfare, stability, and relationships with each parent. The court also had to consider the impact of the recent relocation and the conflicting accounts of the parties regarding consent to the move.

Justice Carter applied the principles outlined in *Goode* and other relevant case law, emphasising that the best interests of the child are paramount. The court noted that while the husband sought for the children to live with him, his application did not adequately address the practicalities of such an arrangement, and he had not spent significant time with the younger children. The court found that the presumption of equal shared parental responsibility did not apply due to reasonable grounds to believe the husband had engaged in family violence. Consequently, the court determined that it was in the best interests of the three youngest children to primarily live with the wife in Victoria, and for the eldest child, V, to primarily reside with the father in Victoria, pending final orders. The court also ordered that both parents should have the opportunity to spend time with the children.