Blanchard and Hermann

This matter concerned an application by the mother for orders regarding parental responsibility, living arrangements, and relocation of the parties' two children, X and Y. The father sought to prevent the children's relocation from Australia to the United Kingdom. The court was required to determine the best interests of the children in light of the proposed relocation and the existing circumstances of the parents.

The court was tasked with determining whether to grant the mother sole parental responsibility for the children, permit their relocation to the United Kingdom, and discharge existing orders restraining their removal from Australia. Additionally, the court had to establish a comprehensive schedule for the father's time with the children, both before and after the potential relocation, taking into account specific conditions related to the father's compliance with treatment and drug screening. The court also considered the financial responsibilities for the children's travel and communication arrangements.

In its reasoning, the court applied the principles of the best interests of the child as paramount. The orders reflect a carefully considered balance between the children's established life and relationship with their mother in Australia and their potential future in the United Kingdom, alongside the father's ongoing role in their lives. The court imposed stringent conditions on the father's unsupervised time with the children, including mandatory psychiatric and psychological treatment compliance, regular drug testing, and disclosure of treatment progress to the mother, to ensure the children's safety and well-being. The court also ordered the mother to seek reciprocal orders in the United Kingdom to ensure the enforceability of the parenting arrangements.

The court ordered that the mother have sole parental responsibility for X and Y, and that the children live with her. The mother, X, and Y were permitted to relocate to the United Kingdom from 1 April 2015, and the previous order restraining the children's removal from Australia was discharged. Detailed provisions were made for the father's supervised and unsupervised time with the children, both before and after the relocation, along with specific requirements for communication and financial contributions towards travel. The court also made orders restraining the father from ingesting illicit substances and requiring him to undergo random drug screens, and ordered both parties to refrain from denigrating each other in the presence of the children.