Sandala & Nerandon (No. 3)

In the matter of *Sandala & Nerandon (No. 3)*, Rees J of the Family Court of Australia considered an application by the mother for orders permitting her to relocate overseas with the child, X, and to have sole parental responsibility. The father opposed this relocation. The dispute arose in circumstances where the father had been incarcerated and faced multiple criminal charges, and the Court found that the child would suffer continual psychological harm in the father's care, rendering him an unviable custodian.

The primary legal issues before the Court were whether it was in the child's best interests to live with the mother overseas, whether the mother should have sole parental responsibility, and whether it was practicable for the child to have supervised holiday contact with the father in Australia. The Court also considered the appropriate form of ongoing contact between the child and the father, and the child and her paternal family.

Rees J reasoned that the father's criminal conduct and the resulting psychological harm to the child made it impracticable and not in the child's best interests for her to spend supervised holiday periods with him in Australia. The Court applied the paramount consideration of the child's welfare and best interests, finding that the mother was the appropriate custodian and that relocation was necessary to protect the child from further harm. The Court also determined that contact by post and electronic means was the most appropriate and safe form of ongoing communication.

Consequently, the Court ordered that the child X live with the mother in Country B, with the mother having sole parental responsibility and being permitted to remove the child from Australia. The Watch List Order was discharged. The father was permitted to initiate contact with the child by electronic means and post, and the mother was ordered to facilitate this contact and provide updated contact details. The child was also permitted to have contact with her paternal grandfather and aunt by electronic means and post, with the mother similarly ordered to facilitate this.