Tellam and Calhoon

In Tellam and Calhoon, the Federal Magistrates Court of Australia dealt with an interim application concerning the relocation of children following the separation of the parents. Mr Tellam and Ms Calhoon are the parents of two children, [X], born in 2008, and [Y], born in 2012. Until recently, the mother lived in [M] with the children while the father lived in [N] approximately 35 kilometres away. In January 2013, the mother moved the children's residence from [M] to suburban Adelaide without prior consultation with the father. The father sought the return of the children to the [M] area, while the mother sought to remain in Adelaide with the children. The mother argued that she suffers from depression and has familial support in Adelaide, while the father argued that he cannot afford to drive regularly to Adelaide to spend time with the children.

The court had to decide whether the children should return to the [M] area or remain in Adelaide with the mother. The legal issues included the father's prior involvement with [X], the implications of the mother's depressive illness for her parenting of [X] and [Y] in a location not of her choosing away from familial support, and the nature of the parties' relationship.

The court found that the best interests of the children required them to maintain a meaningful relationship with both parents. It was important to protect the children from physical or psychological harm from being subjected to or exposed to abuse, neglect, or family violence. The court also considered that it is usually preferable that issues of relocation not be decided at the interim stage, particularly as decisions regarding relocation have potentially serious ramifications for children, especially in terms of their parental relationships.

The court ordered that the children return to an area within a radius of 40 kilometres of the [M] Town Hall, no later than midday on 28 March 2013. The parties have equal shared parental responsibility for the children, and the children live with the mother provided she lives within a radius of 40 kilometres of the [M] Town Hall. The father has spending time with the children as outlined in the judgment. The children are to be exchanged between the parties at a location as agreed between them, or failing agreement, at the [M] Police Station. The reasons for the judgment were to be transcribed and released to each of the parties. Further consideration of the matter was adjourned to 16 April 2013 at 9:30 am in the [M] circuit.