VEDDER & COLLISS

This case concerned an application by the Father, Mr Vedder, against the Mother, Ms Colliss, regarding parenting orders for their two young children. The dispute arose from the Mother's unilateral relocation of the children's residence. The matter came before Judge Scarlett in the Family Court of Australia.

The court was required to determine several legal issues, including the appropriate parenting orders for the children, specifically addressing the concept of equal shared parental responsibility and the children's living arrangements. A significant issue was the Mother's relocation of the children and whether they should be returned to their previous area of residence. The court also considered procedural matters, including the refusal of leave to rely on an affidavit filed out of time and observations on the quality and utility of certain types of affidavits.

Judge Scarlett reasoned that the best interests of the children were paramount. The court found that equal shared parental responsibility was appropriate. However, given the unilateral relocation by the Mother, the court ordered that the children were to live with the Mother but within one month, she was to return them to reside in the previous town or within a specified radius of the local court. The court also made detailed interim time orders for the Father to spend with the children, both during the period before their return and after their return to the specified area. The court also imposed an order restraining the removal of the children from Australia and requested their names be placed on the Family Law Watch List. The court refused leave to rely on an affidavit filed out of time, noting the need to comply with court directions and the undesirability of "outsourcing" affidavit preparation.

In the event the Mother failed to return the children to the specified area within one month, the children were to live with the Father. The court also ordered the parties to attend upon a Family Consultant for the preparation of a Family Report.