VERNON & VERNON

In *Vernon & Vernon*, heard by Judge Brown, the dispute concerned the unilateral relocation of two children, aged ten and five, interstate. The relocation was facilitated by independent agencies due to concerns about the children's exposure to family violence. The father contended that this relocation risked severing his relationship with the children, highlighting the importance of meaningful parental relationships.

The court was required to determine the best interests of the children in the context of an interim hearing, specifically addressing the protective concerns raised, the assessment of risk associated with the relocation, and the potential impact on the children's relationship with their father. The nature of an interim hearing, with its focus on urgent protection and preservation of the status quo where necessary, was also a key consideration.

Judge Brown reasoned that the children's significant special needs necessitated a primary focus on their safety and well-being. The court applied the principles of the *Family Law Act 1975* (Cth), particularly those relating to the best interests of the child, which include the importance of maintaining a meaningful relationship with both parents, but also the need to protect the child from harm. Given the circumstances and the information before the court at the interim stage, the protective concerns outweighed the father's desire for continued direct contact and knowledge of the children's location.

Consequently, the court made interim orders granting the mother sole parental responsibility for the children and ordering that they live with her. The father was restrained from attempting to contact or communicate with the mother or children, or to locate them, and his address was suppressed. The proceedings were also transferred to the Family Court of Western Australia.