Boyle and Zahur

This matter concerned an application before Watts J regarding parental responsibility and the relocation of two children, B and C. The dispute involved the mother's desire to relocate with the children to Country H and the father's arrangements for spending time with them.

The court was required to determine the extent of parental responsibility for the children, whether the mother should have sole parental responsibility, and the conditions under which the children could relocate from Australia to Country H. Further issues included the specific arrangements for the father's time with and communication with the children during their relocation, and the arrangements for their return to Australia and subsequent time with each parent. The court also had to consider the children's surnames and the prohibition of denigration between the parents.

Watts J ordered that the mother have sole parental responsibility for the children, with specific provisions for keeping the father informed of matters affecting their long-term welfare. The court permitted the children to relocate to Country H under certain conditions, including the duration of their stay and the ending of the mother's partner's secondment or relationship. Detailed orders were made regarding the father's time with and communication with the children during their time abroad, including periods of visitation in Australia and Country H, and electronic communication. The court also established comprehensive arrangements for the children's time with each parent upon their return to Australia, covering school terms, holidays, special occasions, and birthdays, along with provisions for collection and drop-off. Finally, an order was made prohibiting either party from denigrating the other or their family members in the presence of the children.