Borrows and Borrows

This matter concerned an application by the father regarding the parenting arrangements for the parties' children. The central dispute revolved around the mother's proposed relocation with the children to G Town, where her fiancé, Mr E, resided, and the father's opposition to this move. The court was tasked with determining what living arrangements were in the best interests of the children.

The legal issues before the court were whether the children should relocate to G Town with their mother, and consequently, how their time with the father would be managed. The court had to weigh the potential detriment to the children of reduced time with their father against the detriment to the mother and, indirectly, the children, if the mother were separated from her fiancé. A significant consideration was the lack of expert evidence detailing the impact of the mother's grief on her parenting capacity or on the children themselves.

The court reasoned that while the mother's distress at separating from Mr E was acknowledged, there was insufficient evidence to quantify its impact on her parenting or the children. The court found that the children would suffer a loss of time with their father if they relocated. Furthermore, the court considered the financial implications of separate households and the increased difficulty and expense associated with the children spending time with either parent if they lived in G Town, compared to remaining in Canberra where their current living arrangements had been functioning well. The court noted that while technology like Skype could facilitate communication, it was not a substitute for direct contact.

The court ultimately found that the proposed relocation to G Town would present considerable difficulty and expense in facilitating the children's time with their father. The court was satisfied that the mother and Mr E would be able to afford the children's flights as proposed.