TODRICK & TODRICK

The Family Court of Australia considered the parental responsibility and residence of two children, M and N, in proceedings between the mother, Ms Todrick (the applicant), and the father, Mr Todrick (the respondent). The dispute arose in circumstances where the mother had been subjected to physical violence and abuse by the father, and the child M had witnessed these incidents. The father also had a history of alcohol abuse, and the mother suffered from post-natal depression.

The court was required to determine whether the presumption of equal shared parental responsibility under section 61DA of the *Family Law Act 1975* (Cth) applied, and if not, with whom the children should live and spend time. A further issue was whether the mother should be granted leave to relocate the children to Canada, and how the children's relationship with both parents could be maintained in light of such a relocation. The court also considered the best interests of the children, including the mother's lack of family support in Australia and the potential benefits of relocation for her ability to provide primary care.

Hogan J found that the presumption of equal shared parental responsibility did not apply due to the history of family violence. The court declared that the mother would have sole responsibility for major long-term issues concerning the children, including their education, religious and cultural upbringing, and health, although she was required to consult with the father in writing on these matters. The children were ordered to live with the mother, and she was granted liberty to relocate them to Canada. The court also made detailed orders regarding the children spending time with and communicating with the father, both before and after the relocation, including provisions for travel costs and communication methods such as Skype. The court emphasised the importance of the children having the benefit of a meaningful relationship with both parents.