Blair & Blair

In the Family Court of Australia, Mr Blair (the applicant father) and Mrs Blair (the respondent mother) presented competing proposals regarding the residence and time arrangements for their two children, a daughter born in March 1998 and a son born in October 1999. The mother sought to relocate the children to North Queensland with her partner, Mr W, proposing that the father would then spend time with the children during school holidays and via telephone. The father opposed this relocation and sought orders for increased time with the children, aiming for seven nights per fortnight, which would effectively be an equal shared time arrangement.

The court was required to determine the children's best interests, considering various factors including the nature of the relationships between the children and each parent, the impact of any proposed relocation, the children's views, and the parents' ability to facilitate a meaningful relationship between the children and the other parent. Key issues included the mother's desire to move to Queensland with her partner, the father's opposition to this move, the history of domestic violence between the parents, the children's adjustment to potential changes, and the practicalities of maintaining a relationship with the father if the children relocated to Queensland.

Justice Le Poer Trench found that while the mother's desire to relocate was understandable, the potential damage to the son's relationship with his father, and to a lesser extent the daughter's, was too significant a risk. The court noted that the son, in particular, might struggle to maintain a meaningful relationship with his father if face-to-face contact was limited to school holidays and supplemented only by telephone calls, especially given the distance and potential for negative messages within the mother's household. The court also considered the financial implications of such a relocation and the potential impact on the children's schooling and established routines.

Ultimately, the court ordered that the parents have equal shared parental responsibility for the children. The children were to live with the father on an increasing basis, commencing with alternate weeks and specific weekdays, gradually increasing to equal shared time by the third school term of 2007. The orders also stipulated arrangements for school holidays, special days, travel, extracurricular activities, and parental notification regarding changes in residence or schooling, aiming to ensure the children maintained meaningful relationships with both parents.