BOWDEN & BOWDEN

In the matter of *Bowden & Bowden*, Rees J of the Family Court of Australia considered an application by the mother to relocate with the four children to the United Kingdom, which was opposed by the father. The parties, who had migrated from the UK, had resided in Australia for ten years. The eldest child was nearing eighteen and in his final year of high school. The children lived with the mother and spent time with the father, but the parents experienced significant communication difficulties.

The court was required to determine two primary issues: first, whether it was in the best interests of the children to relocate to the UK, and second, whether the parents should have sole or equal shared parental responsibility. The mother sought sole parental responsibility, while the father sought equal shared parental responsibility and a week-about living arrangement for the children.

Rees J dismissed the mother's application for international relocation, finding that it was not in the best interests of the children to move away from their father and experience substantial changes to their schooling. The court also dismissed the mother's application for sole parental responsibility and the father's application for a week-about living arrangement. Instead, the court ordered equal shared parental responsibility, finding that despite communication issues, the parents were capable of this arrangement and that the children were settled in their current living arrangements and did not seek a change. The court made detailed orders regarding the children's living arrangements with each parent, including specific provisions for school terms, holidays, and special occasions, and permitted the children to travel to the UK with the mother for limited periods annually, subject to specific notice and information requirements.