BOYLE & ZAHUR

This matter concerned an application by the mother, Ms Boyle, for international relocation of the parties' two children, B and C, who live with her. The father, Mr Zahur, opposed the application. The court was required to determine whether the proposed international relocation was in the best interests of the children, particularly in light of the parties' capacity for cooperation regarding the children's future arrangements.

The central legal issue before the court was whether to grant the mother's application for international relocation of the children. This required the court to assess the potential impact of such a move on the children's meaningful relationship with both parents, considering the evidence presented regarding the parties' ability to cooperate and facilitate ongoing contact.

Gill J found that the proposed international relocation was likely to be detrimental to the children's meaningful relationship with both parents. The court noted that the application was predicated on the parties cooperating, but the evidence indicated that the scope for cooperation was minimal. Consequently, the application for international relocation was dismissed. The court then made detailed orders regarding the children's living arrangements, time spent with each parent, school holidays, special occasions, and communication regarding the children's health and education, reflecting a shared parental responsibility.