CHOLIC & CHOLIC

This matter concerned an application by the mother for permission to change the principal place of residence of the parties' two children from metropolitan Adelaide to Perth, Western Australia. The father opposed this application.

The court was required to determine whether it was in the best interests of the children for their principal place of residence to be relocated to Perth. This involved considering various aspects of the children's welfare, including their relationship with both parents, their schooling, and their overall upbringing.

Hannam J ordered that the mother be permitted to change the principal place of residence of the children to Perth. The court discharged all previous orders and granted the mother sole parental responsibility for the children, subject to specific notification requirements for schooling and medical interventions. The father was restrained from removing the children from Australia, and the Australian Federal Police were authorised to give effect to these orders, including placing the children's names on the Airport Watch List. The orders also detailed arrangements for communication between the parents and the children, including the exchange of postal and email addresses, and the facilitation of correspondence. Furthermore, both parents were restrained from discussing the proceedings with the children or abusing, insulting, belittling, harassing, or threatening the other in the children's presence. The mother was also restrained from changing the children's names or taking them to a psychologist, counsellor, or therapist without agreement. The Independent Children's Lawyer was discharged, and the parties' applications were otherwise dismissed.