Barton & Haselwood

This matter concerned an application by Ms Barton, the Mother, to relocate with her three children, X, Y, and Z, to City B. Mr Haselwood, the Father, opposed this application. The proceedings were heard by Judge W J Neville.

The primary legal issue before the Court was whether the Mother's proposed relocation with the children to City B was in their best interests, considering the provisions of the *Family Law Act 1975* (Cth), particularly section 60CC. The Court was also required to determine the final parenting orders concerning parental responsibility and the time the children would spend with each parent.

Judge Neville refused the Mother's application to relocate with the children. His Honour found that the Mother's evidence was significantly compromised due to her and Mr C's planned and partially executed deception of the Court and the Father regarding the nature of their relationship. This deception cast doubt on the reliability of her evidence and her preparedness to act in the children's best interests. The Court preferred and accepted the Father's evidence and submissions, finding that the children's welfare and best interests required them to remain in the ACT/Suburb U region to maintain a close relationship with both parents. The Court noted that the children's unqualified views opposing the relocation were important, as was their established significant time with the Father. His Honour also expressed serious concerns about the level of support available to the Mother and children in City B.

Consequently, the Court ordered that the Mother's application to relocate be refused. The parties were to have equal shared parental responsibility for the children, and the existing five nights per fortnight arrangement for the children to live with the Father was to continue, subject to any written agreement. Both parties were also ordered to undertake a post-separation parenting course, and within 14 days, they were to provide the Court with a Minute of Agreed Orders detailing various arrangements, including telephone contact, changeovers, special occasions, and the enrolment of X in high school.