SHIPLEY & FELDMAN

In the matter of Shipley & Feldman, Judge Blake of the Family Court of Australia considered an application by the father for a change of residence for the parties' two children, aged 12 and 11. The mother had been the primary carer, and final parenting orders had been made in 2012 and 2017. The dispute involved allegations of the mother stopping time between the father and children in late 2016 and 2017, for which she had been found to have contravened orders without reasonable excuse. The father had also breached an intervention order, and a text message sent by him to one child had allegedly distressed the child, leading the mother to take the child to the police.

The court was required to determine whether to order a change of residence for the children to live with the father. This involved assessing the existing parenting orders, the history of contraventions by both parties, and the impact of these issues on the children's welfare. A key consideration was whether the mother was unwilling or unable to foster a relationship between the children and their father, and whether there was a risk of psychological harm to the children arising from the mother's conduct.

Judge Blake found that the mother's actions demonstrated an unwillingness or inability to foster the children's relationship with their father, and that her conduct posed a risk of psychological harm to the children. Applying the principles of the *Family Law Act 1975* concerning the best interests of the child, the court concluded that a change of residence was warranted. The court ordered that all extant parenting orders be discharged and that the parents have equal shared parental responsibility. The children were ordered to live with the father, and the mother's time with the children was significantly restricted for an initial period, with injunctions preventing her from attending school or extra-curricular events. Detailed provisions were made for future time spent with the mother, communication, and parental responsibilities.