FATHER WITH MENTAL ILLNESS WANTS HIS CHILDREN TO TRAVEL INTERSTATE SO TO SPEND TIME WITH HIM
Silmon & Holsomback (No 2) [2021] FCCA 256 (1 February 2021)
This is a parenting application by the father to vary spending time arrangements. The father seeks that the children spend travel interstate to spend time with him notwithstanding his mental illness.
Facts:
This is a parenting case involving two children, X, who was born in 2011 and Y, who was born in 2013. Orders were made between these parties in 2018 that provided for the children to live with the mother and spend time with the father.
In 2020, the father relocated to Adelaide, or at least to South Australia, and sought orders to vary the time arrangements to reflect the fact that he was resident interstate.
In the course of the hearing, it became apparent that the father was suffering from mental illness and there was some reference to him having had suicidal ideation during the year. He is not receiving medication, though that has been recommended by his general practitioner.
Issue: Should the children travel interstate and spend time with the
Held:
The court is satisfied that the evidence would not justify making an order, at this stage at least, that the children travel to South Australia to spend time with their father. The court would be concerned about making such an order. In particular, the concerns stem from the clear indications that the father is currently suffering from a major depressive illness. In the circumstances, the court would not make the orders that the father sought
Conclusion: The court is not satisfied that it is in the best interest of the children to travel interstate to spend time with the father.