Clements and Clements

This matter concerned parenting orders for the child X, born in 2004. The proceedings were before Judge Small. The court was required to determine the parenting arrangements for X, including issues of parental responsibility, residence, and time spent with each parent, particularly in light of the wife's proposed relocation with the child.

The court considered various factors under section 60CC of the *Family Law Act 1975* (Cth). It noted X's transition into early adolescence, highlighting her need for both parents' love and care, with a particular emphasis on the mother's role during this phase. The court found that both parents had demonstrated love and care for X throughout her life, providing a stable and secure home. It also considered the absence of family violence and the fact that an application for an intervention order had been resolved by an undertaking. The primary concern identified was the potential for ongoing parental conflict to negatively impact X's wellbeing.

The court discharged all previous parenting orders and made new orders establishing equal shared parental responsibility for X. It ordered that X live with the wife and permitted the wife to relocate with X from the second Saturday of the second term school holidays in 2014. Detailed provisions were set out for the child's time with the husband, both before and after the relocation, including arrangements for school terms, holidays, birthdays, and communication. The orders also included injunctions restraining the parties from denigrating each other or discussing proceedings in X's presence, and provisions for notification of changes in address, illness, and medication.