SANDERS & WAITES

This matter concerned an application for interim parenting orders in the Federal Circuit and Family Court of Australia. The applicants, Sanders and Waites, sought orders that would permit the relocation of a child to Queensland. The respondent opposed this application.

The central legal issue before the Court was whether the proposed relocation of the child to Queensland was in the child's best interests, for the purposes of making interim parenting orders. This required the Court to consider the relevant factors under the *Family Law Act 1975* (Cth) in the context of an interim application.

In determining the child's best interests at the interim stage, Judge Dunkley applied the principles established in *Rice v Asleson* [2007] HCA 46, which require the Court to assess the likely consequences of making or refusing the order sought. The Court considered the evidence presented by both parties regarding the proposed arrangements in Queensland and the impact of relocation on the child's relationship with the respondent. The Court noted that at the interim stage, it was not required to make definitive findings of fact but rather to assess the probabilities and the overall best interests of the child.

The Court made interim orders granting the relocation of the child to Queensland, with specific provisions for the respondent's time with the child.