CANH & CANH

In the Family Court of Australia, Austin J considered applications by a mother and father concerning their children and property. The mother sought to relocate with the children to take up employment, which would involve changing their school enrolment. She contended this relocation would not impact the existing interim parenting orders regarding the children's time with the father. The father opposed the relocation and any changes to the children's schooling. Separately, the parties were involved in property proceedings where previous orders had appointed single expert witnesses to value assets. One of these experts had withdrawn, and the mother sought to appoint a substitute, which the father opposed. The court noted the parties' ongoing difficulties in cooperating to obtain expert evidence.

The primary legal issues before the court were whether to grant the mother sole parental responsibility for decisions regarding the children's school enrolment and whether to appoint a substitute single expert witness in the property proceedings. The court also had to determine the implications of the mother's proposed relocation on the existing interim parenting orders and how to facilitate the necessary expert valuations in the property dispute, given the parties' lack of cooperation.

Regarding the children, the court reasoned that while the mother proposed to relocate, there was no immediate need to make a specific order permitting the relocation itself, as the existing interim orders could be adapted. However, to resolve the immediate dispute over schooling, the court exercised its power to allocate sole parental responsibility to the mother for decisions concerning the children's school enrolment. In the property proceedings, the court found it necessary to appoint a substitute single expert witness, nominating the one proposed by the mother, and vested the mother with the responsibility for instructing the single experts to overcome the parties' inability to cooperate. The court also varied the existing interim parenting orders to reflect the children's potential relocation and to adjust the exchange arrangements between the parties.

The court ordered that the mother have sole parental responsibility for decisions regarding the children's school enrolment. It also ordered that a substitute single expert witness nominated by the mother be appointed and that the mother be responsible for instructing the single experts. Existing orders were varied to reflect these changes and to adjust the children's exchange arrangements upon the mother notifying the father of her relocation. Other outstanding applications for interim relief were dismissed.