BOURKE & ALVES

This matter concerned parenting orders for the child X, born in 2006, between the Applicant Father and the Respondent Mother. The primary dispute revolved around the Mother's proposed relocation of the child from New South Wales to Adelaide, South Australia, and the consequential arrangements for the child's time with each parent. The decision was made by Judge Scarlett.

The court was required to determine the appropriate parenting orders, including whether to permit the relocation of the child to South Australia, and to establish a new schedule for the child's time with each parent that would accommodate this relocation. The court also needed to consider provisions for communication between the child and each parent, travel arrangements, and other matters relating to the child's welfare and the parents' responsibilities.

Judge Scarlett discharged all earlier parenting orders and made new orders reflecting equal shared parental responsibility. The child was ordered to live with the Mother, who was permitted to relocate the child to Adelaide from 28 December 2016. The orders detailed specific arrangements for the child's time with the Father both before and after the relocation, including provisions for school holidays, weekends, and special occasions. The court also made orders regarding communication, travel, and the parents' obligations to inform each other of significant events and changes in circumstances, including restrictions on criticising each other and requirements for consent regarding school enrolment and extracurricular activities.