Boyd and Sage (No 2)

In *Boyd and Sage (No 2)*, Bennett J of the Family Court of Australia considered interim parenting arrangements for a child, X, who had been returned to Australia from Scotland under the Hague Abduction Convention. The dispute centred on the mother's proposed residence, which was an hour's drive from X's previous school, and the father's desire for the mother and child to reside in closer proximity to that school and for X to return to it.

The court was required to determine whether to impose a restraint on the primary carer's freedom of movement, either directly by injunction or indirectly through a parenting order, and whether such a restraint was necessary in the best interests of the child. The court also had to consider how to balance the paramount consideration of the child's best interests with the legitimate wishes, rights, and freedoms of the primary carer.

Bennett J accepted the family consultant's evidence that, optimally, X should return to her previous school and reside in reasonable proximity to it. However, the court was satisfied that X's best interests could still be accommodated on the mother's proposal, even though it meant less direct contact with the father. The court noted that orders made in a child's best interests do not necessarily equate to the best available outcome. Ultimately, the court did not impose any restraint or conditions on the mother or X regarding their residence or re-enrolment at the previous school.

The court made orders by consent regarding equal shared parental responsibility, with X living with the mother. Specific provisions were made for X's time with the father, including alternating weekends and Thursdays, half of school holidays, Father's Day, and Christmas Day, with provisions for suspension during school holidays and specific arrangements for changeovers. The orders also included provisions for communication between the parents and with X, the mother's compliance with mental health treatment, injunctions restraining denigration and discussion of proceedings in X's presence, and requirements for paediatric assessment and parenting courses.