SUMEY & SUMEY

In the matter of *Sumey & Sumey*, Stevenson J of the Family Court of Australia considered parenting and relocation applications concerning two children, C (born 2007) and D (born 2009). The mother sought to relocate the children to Northern New South Wales, while the father sought graduating time with the children. The mother sought no time for the father, citing his history of aggressive and violent behaviour, exposure of the children to this behaviour, and the children's protective stance towards her.

The court was required to determine the best interests of the children in relation to both the proposed relocation and the extent of the father's future involvement in their lives. Key issues included assessing the risks associated with the father's behaviour, the children's exposure to family violence, and the feasibility and benefits of the mother's proposed relocation. The court also considered the role and ongoing involvement of the Independent Children's Lawyer in overseeing the implementation of any orders made.

Stevenson J reasoned that the relocation to Northern New South Wales was in the best interests of the children, noting the mother had carefully considered its feasibility and that this move was supported by the Independent Children's Lawyer. The court found that the father's history of violence and the children's exposure to it necessitated a carefully managed and supervised approach to any future contact. Consequently, the court made orders for the mother to have sole parental responsibility and for the children to live with her. Graduating time was ordered for the father, commencing with supervised contact through a contact service and progressing to supervised time with agreed family members or a supervision service, with specific conditions including urinalysis testing and the father's compliance with rules and directions. The Independent Children's Lawyer's appointment was extended for two years to oversee the implementation of these orders.