Bergmann & Bergmann

The case of Bergmann & Bergmann involved a dispute between a mother and father concerning the relocation of their two children from Australia to City B. The mother sought to relocate with the children, stating she would do so regardless of the father's opposition. The father opposed the relocation. The mother had resided in City B since 2017 and had previously travelled to Australia to maintain a week-about parenting arrangement until the COVID-19 pandemic. Both children expressed a strong desire to spend more time with their mother.

The court was required to assess the competing proposals of the parents and determine the impact of these proposals on the children's best interests. Key legal issues included evaluating the children's wishes, the parents' capacity to facilitate a meaningful relationship with the other parent, and the overall impact of a significant geographical relocation on the children's established lives and relationships in Australia.

Henderson J found that while the mother was the more flexible parent and better equipped to assist the children in managing change, the profound impact of moving to City B and being separated from their known environment in Australia, including their father, militated against such an order. The court considered the children's strong attachment to their mother, but ultimately concluded that the disruption and separation from their father and their Australian lives would not be in their best interests.

Consequently, the court ordered that the children remain in the father's care in Australia. The orders established equal shared parental responsibility, with the children living with the father and Australia declared their habitual place of residence. The orders also detailed specific arrangements for the children to spend time with the mother, both in Australia and internationally, and addressed travel costs and logistics.