Clapton & Sprenger

The appeal concerned a decision of Federal Magistrate Slack regarding the relocation of a child. The mother sought to relocate with the child to Rockhampton, a proposal opposed by the father. The appeal was brought by the father against the Federal Magistrate's order allowing the relocation.

The central legal issue before May J was whether the trial judge erred in permitting the mother to relocate with the child to Rockhampton, specifically in light of the paramount consideration of the child's best interests under the *Family Law Act 1975*.

May J dismissed the appeal, finding no error in the Federal Magistrate's assessment of the child's best interests. The reasoning applied by the court focused on the established principles for determining relocation disputes, emphasizing the need for a comprehensive evaluation of all relevant factors affecting the child's welfare. The court upheld the original order allowing the relocation.

The appeal was dismissed. The appellant was ordered to pay the costs of the respondent and the Independent Children’s Representative for specific appearances, and the costs of the Independent Children’s Representative for the appeal were to be assessed. Otherwise, each party was to bear their own costs of the appeal.