BALSAM & LACKNER (No.2)

The case of *Balsam & Lackner (No.2)* concerned a parenting dispute before Judge Burchardt. The mother sought to relocate with the child to Queensland, having purchased property there following a contentious property proceeding. The father opposed this relocation, which the court found stemmed from a sense of entitlement. Despite acknowledging the father's close relationship with the child, even though the mother was the primary carer, the court considered the significant risk to the child's relationship with the father if the relocation were permitted.

The central legal issue before the court was whether permitting the mother to relocate to Queensland with the child was in the child's best interests. This required the court to weigh the mother's desire to move against the potential negative impact on the child's relationship with the father.

Judge Burchardt reasoned that the relocation would pose a very significant risk to the child's ongoing relationship with the father. Applying the paramountcy principle in parenting matters, the court concluded that it was not in the child's best interests to live in Queensland. Consequently, the court ordered that the existing parenting orders made on 16 April 2020 would remain in full force and effect. The mother was also ordered to provide the father with one month's notice should she wish to relocate more than 50 kilometres from her current residence. All other outstanding applications were dismissed.