PARENTS SEEKS COURT’S DETERMINATION ON WHERE THEIR CHILDREN SHOULD LIVE
Renaldo & Decora [2020] FCCA 2853 (10 September 2020)
The parents are in dispute in relation to the parenting arrangements for their two sons, whether the children live in Queensland, Victoria or New South Wales.
Facts:
This is a matter as between Ms Renaldo, the mother, and Mr Decora, the father, and it concerns their two sons, X and Y. The parents are in dispute in relation to the parenting arrangements for their two sons, whether the children live in Queensland, Victoria or New South Wales, as it has been argued before the court.
In relation to Victoria, the mother argues that if the boys live in Victoria, that the mother and father will not be able to see the children because of COVID and the limitations. The father stated that he has supported accommodation with a friend.
At the end of June 2020, the boys were enrolled in a school in Queensland, on the Region G. The mother says that she has accommodation, by virtue of rental. The mother has work, although the evidence seems to disclose that the mother runs an online business, which can be run from anywhere. The father gives evidence that he has no friends or family and, effectively, no network of support in Queensland, and he does not believe that there is work for him, and/or real prospects of that.
With respect to the mother in New South Wales, particularly at Town B, she has lived there before. She can work effectively anywhere due to the nature of her business. The father gives evidence that he has accommodation with the maternal grandfather in Town B. The father says that he has probable work in that area as a result of a former employer, and that he has had some contact in relation to that. To my mind, that seems a likely proposition. The father also has connection in that area, having lived there previously, and the boys, certainly in terms of schooling, having had School of the Air until recent times.
Issue: Should the children live in Victoria, Queensland or New South Wales?
Law:
Analysis:
By combination of all of those matters and considerations, it seems to the court that the children’s best interests are met by an order having them living in Town B. If the parents live in the same location it would be in the boys’ best interests for their mother and father to have equal time, that is, if they live in the same location. That would be in their best interests. And, of course, if they lived in the same location it seems to me that it would be reasonably practical.
Conclusion: The children shall live in New South Wales, particularly at Town B.
