SIMPSON & HAHN

In the Family Court of Australia, Thornton J considered an application by the mother for urgent interim orders concerning her children, J and D. The mother sought to relocate with the children to a former residential location and re-enrol J in their previous school. A significant factor in the dispute was that one child refused to spend time with the father, and the other child, D, required special care due to autism.

The court was required to determine whether to grant the mother's interim requests for relocation and school re-enrolment, while also considering the welfare of the children and the principles established in *Rice & Asplund*. The court also had to address the father's access to information regarding the children's schooling and progress, particularly in light of D's specific needs.

Thornton J applied the *Rice & Asplund* principles, which guide the court in making interim orders in family law matters, balancing the need for stability with the paramount consideration of the child's best interests. The court ordered that the existing orders made by Senior Registrar Fitzgibbon on 28 March 2013 would remain in force. Crucially, the mother was permitted to return to Town U with the children and to enrol J at LP School. The court also made detailed orders regarding the exchange of school reports and communication between the father and the children's schools, ensuring the father could remain informed about the children's progress. The matter was adjourned for a final hearing, scheduled to commence in March 2014.