SHERGOLD & CLARK

In *Shergold & Clark*, the parties were involved in a dispute concerning interim parenting orders for their children. The mother sought to relocate with the children, filing a fresh application following the father's breach of an Apprehended Domestic Violence Order. A family violence order had previously been issued against the father for the protection of the mother and children. The father had also been convicted of the breach of the family violence order and other offences, which the court noted demonstrated a complete disregard for authority and a failure to take responsibility.

The central legal issues before the court were whether to grant the mother's application for interim orders allowing her to relocate with the children, and what parenting orders should be made in light of the father's conduct and the existing family violence order. Specifically, the court had to determine the appropriate arrangements for the children's living situation, parental responsibility, and time spent with each parent.

Cleary J reasoned that the father's actions, including the breach of the family violence order and other convictions, indicated a significant failure to take responsibility and a disregard for legal authority. Despite these actions, the court acknowledged that the mother had actively protected the children's relationship with their father. However, in light of the father's conduct and the need to ensure the children's safety and well-being, the court made interim orders permitting the mother to relocate with the children. The court further ordered that the mother have sole parental responsibility for the children and that the children spend no time with the father.