BABCOCK & WADDELL

The case involved a dispute between a mother and father concerning their child, X. The mother sought orders permitting her to relocate with X to Perth, which the father opposed, arguing it would negatively impact his meaningful relationship with the child. The Independent Children's Lawyer did not support the relocation.

The court was required to determine whether it was in the child's best interests to permit the mother to relocate with X to Perth. This involved assessing the impact of such a relocation on the child's relationship with both parents, particularly the father, and considering the mother's circumstances and capacity to care for the child. The court also had to weigh the child's close relationship with the paternal family against the mother's strong and reliant relationship with X.

McClelland J found that the mother had the strongest and most emotionally attuned relationship with the child. The court reasoned that the mother's mental health and well-being would be enhanced by the support network available in Perth, which in turn would enrich her parenting capacity and benefit the child. Consequently, the court permitted the relocation.

The court ordered that the parents have equal shared parental responsibility for X, with X to live with the mother. The mother was permitted to relocate X to Perth from 1 January 2019. Detailed provisions were made for the child to spend time with the father, including during school holidays and specific weekends, with options for the father to travel to Perth. The orders also addressed telephone contact, expenses related to travel and schooling, and medical arrangements.