Case Study : Leroy : The case of unilateral #relocation.

Leroy & Leroy [2018] FCCA 3211 (8 November 2018)
This was a case about an Interim relocation order, where the mother unilaterally relocated to Town A with the children from Sydney.  The father seeks the mother and children return to Sydney and proceedings be transferred to the Sydney registry.
The mother seeks permission to remain in Town A with the children on an interim and final basis.

Agreed facts

6. The parties agree that the children should live primarily with their mother.
7. The parties agree that there was an incident of family violence on 12 January 2018 but they disagree about the specifics of that incident and whether or not that was an isolated incident.
8. The father was arrested and charged on 6 February 2018. This is the date of separation.
9. The father was charged with four counts of assault, property damage and intimidation. He pleaded guilty and was convicted and placed on an 18 month good behaviour bond. There is an intervention order in favour of the children which will expire in March 2019.
10. The parties agree that the mother unilaterally relocated with the children to Town A in June or July 2018.
11. The father did not see the children between 6 February 2018 and 25 August 2018 after this Court made interim orders by consent for the father to have limited supervised time with the children in Town A. There is a dispute between the parties as to the reason for this. The mother says the father was disinterested in seeing the children. The father says he made several requests through his lawyers and provided blood-alcohol tests as requested.

The Court does not condone unilateral relocations. The observations of Boland J in Morgan & Miles, especially at [88], are important. Nonetheless the court must determine what is in the children’s best interests in all of the circumstances of the case.
HELD: 

Parenting and Relocation
(1) The children live with the mother.

(2) The mother and the children be permitted to remain in Town A pending the final hearing.

(3) The father spend time with children as follows:
(a) In Melbourne (the court went to set a few select days when they could meet in Melbourne for supervised visits).
Property
(21) Unless the parties have confirmed in writing an agreement as to the market value of all properties in dispute, then the wife forthwith submit the names of three valuers in respect of the Victorian properties with the husband to pick one and the husband forthwith submit the names of three valuers in respect of the New South Wales properties with the wife to pick one with the costs of same to be borne equally by the parties and such valuation to be filed with the Court not later than 7 days prior to the conciliation conference.