Adams & Randall

The appeal, Adams & Randall, involved a dispute between the parents of children regarding the relocation of the children from the Central Coast in New South Wales to North Queensland. The Federal Magistrate had previously restrained the mother from relocating unless it was to the Greater Sydney Metropolitan Region, or if court-ordered or agreed to by the father. The mother argued that the orders were impractical and onerous for the children and that relocating to North Queensland would be more suitable. The appeal centred on the legal issues surrounding the relocation of the children and the property distribution between the parties.

The court considered the legal principles established in previous cases such as Morgan & Miles and MRR v GR, emphasising the importance of assessing the practicability of equal time parenting. The court found that the Federal Magistrate had not properly considered the issue of reasonable practicability, leading to the conclusion that the orders for equal time parenting could not be upheld. The court also noted the uncertainty surrounding the father's future living arrangements and employment, which further complicated the feasibility of the proposed parenting orders.

The appeal was allowed in part, with the orders concerning the children's residence and time-sharing arrangements set aside and remitted for re-hearing. The court highlighted the need for a fresh consideration of the evidence regarding the practicability of the proposed parenting orders. The court also dismissed the appeal concerning the property distribution, finding no error in the Federal Magistrate's determination. Costs certificates were granted to both parties for the appeal and the re-hearing.

The court's decision underscores the importance of thoroughly assessing the practicalities and feasibility of parenting orders, particularly in cases involving relocation. The court's emphasis on the need for a comprehensive consideration of all relevant factors, including those not specified in section 60CC, highlights the nuanced approach required in family law matters. The outcome ensures that the children's best interests remain the paramount consideration in any future determinations regarding their residence and time-sharing arrangements.