Challenor & Healey

This matter concerned an application by Ms Challenor (the applicant mother) and Mr Healey (the respondent father) regarding their children, X and Y. The primary dispute revolved around the mother's desire to relocate the children to Western Australia, where her new husband had a promising job opportunity. The court was required to determine whether such a relocation would be in the best interests of the children, considering various factors including their relationship with each parent, the impact of past family violence, and the children's own expressed wishes.

The court was tasked with assessing the children's best interests in the context of a proposed relocation. This involved evaluating the weight to be given to the children's expressed preferences, particularly in light of their mother's influence. The court also had to consider the mother's role as the primary carer and the children's likely reliance on her guidance. Furthermore, the court needed to weigh the evidence regarding the children's relationship with their father, including any criticisms of his parenting style, against the findings of professional reports.

Burchardt J found that the children's expressed wishes in favour of relocation were not entitled to significant weight, as they appeared to have been unduly influenced by the mother's desire for the move. The court accepted the Independent Children's Lawyer's submission that the children had a good and well-bonded relationship with their father, despite the mother's criticisms. The court concluded that relocation to Western Australia was not in the children's best interests, noting that the mother exhibited a lack of insight into the interpersonal difficulties between the parents and resisted counselling. The court ordered that the previous orders of 8 August 2017 remain in force, and imposed injunctions restraining the relocation of the children outside Victoria, requiring written agreement for school changes, and prohibiting the involvement of the children in adult conversations about their living arrangements. Further orders included ensuring X had her own bedroom when with the father, encouraging the mother to discourage the children from calling their step-father "Dad", and requiring both parents to complete parenting programs.