Bowen & WILLIAMS (No 2)

This matter concerned an application by the mother for permission to relocate with the child to New Zealand. The father opposed the relocation and sought orders for the child to remain in Australia. The father also sought to add back to the property pool certain amounts he alleged were dissipated by the mother, including an overseas child support debt. The application was heard by Tree J in the Family Court of Australia.

The primary legal issue before the court was whether it was in the best interests of the child to permit the mother to relocate to New Zealand. A secondary issue concerned the father's application to add back certain alleged dissipations by the mother, including an overseas child support debt, to the property pool in the context of property settlement.

In relation to the relocation, the court noted that the father indicated he would also relocate overseas if the child were permitted to leave Australia with the mother. This fact was considered significant in the court's assessment of the child's best interests. The court invited further submissions from the parties on this aspect of the case. Regarding the property issues, the court considered the principles of equal contributions and the circumstances under which alleged dissipations could be added back to the property pool.

The court did not make final orders at this stage, having invited further submissions on the relocation issue.