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Mother seeks International Relocation, father deemed unacceptable risk to the Child.

FLAST CASE BRIEF : Gunst & Dittersdorf [2019] FamCA 126 (8 March 2019)
This was a complex case considering International relocation and whether that was in the Best interests of the Child.
The
mother seeks to relocate to her country of birth with the child and the father opposes relocation.
The father seeks that the child live with the parents on a week about basis in Australia.
ISSUE :
Whether the father poses an unacceptable risk of harm to the child by reason of his history of violence and anabolic steroid use.  The father has numerous criminal convictions of a violent nature and Domestic Violence Orders have been made against the father for the protection of five of his previous partners, including the mother.
The father has breached Domestic Violence Orders and bail conditions on numerous occasions  and lacks insight into his damaging behaviour and shows no remorse.
HELD: 
The father presents an unacceptable risk of physical and psychological harm to the child which cannot be ameliorated by supervision.
It is in the best interests of the child to permit and the child be permitted to live with the mother in the Netherlands, and have limited communication with the father and only spend time with the father as agreed by the mother.

Case : Gunst & Dittersdorf [2019] FamCA 126 (8 March 2019)

 

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