Recently in court: Family relocation case - equal shared responsibility engages s.65DAA

The parents separated in 2014, and the children (aged 7 and 9 at the time of the first hearing) lived primarily with their mother in Melbourne, but spent significant time with their father. The mother then found new employment in Gippsland, and subsequently without giving the father any warning she moved herself and the children to Gippsland. The Federal Circuit Court at first instance made orders for equal shared parental responsibility, and that the children would live with the father alternate weeks in the school term – i.e., 6 nights each fortnight with the father, 8 with the mother – and equal time in holidays.

In this appeal by the father, the Full Court found that the first instance orders satisfied s.65DAA, and that the primary judge had also considered the elements of "substantial and significant time" [102]. The primary judge had considered that it was in the children's best interests for them to be allowed to live in Gippsland with their mother. The majority concurred, and the father's appeal was dismissed with costs against the father. Strickland J disagreed with the majority, believing that the relocation would affect the quality of the father's time with the children. His Honour would have remitted the matter for rehearing.

For a more detailed summary of the court's decision, go to: https://stephen.bourne.lawyer/NMGUM?view=full-article