Vardon and Vardon

In *Vardon & Vardon*, the Family Court of Australia considered an application by the father for orders allowing his two children to live with him in the United Arab Emirates. The children were subject to an existing protection order under state welfare legislation due to the mother's significant mental health and substance abuse issues. The Independent Children’s Lawyer supported the father's application, as did the Department of Communities, Child Safety and Disability Services, which had intervened in the proceedings. The mother did not appear.

The primary legal issue before the Court was to determine what parenting orders were in the best interests of the children, specifically whether they should live with their father in the United Arab Emirates. This involved considering the impact of the mother's severe mental health and substance abuse issues, the existing state welfare order, and the father's proposed arrangements for the children's care and the mother's future contact. The Court also had to ensure that any orders made were consistent with the *Family Law Act 1975* (Cth), particularly regarding the commencement of the orders.

Justice Murphy reasoned that the evidence overwhelmingly demonstrated the mother's inability to provide safe and stable care for the children, citing her hospital admissions, involuntary patient status, and concerning behaviour observed by departmental officers. The Court noted the children's own statements about their mother's condition and past exposure to family violence. Given the agreement between the father, the Independent Children’s Lawyer, and the Department regarding the children's welfare, and finding that the proposed arrangements were in the children's best interests, the Court made orders for the father to have sole parental responsibility and for the children to live with him in the United Arab Emirates. These orders were to take effect upon the cessation of the existing state welfare order, with specific provisions for the mother's supervised contact and communication with the children.