DALMEDA & MCCLINE (No.2)

In the matter of DALMEDA & MCCLINE (No.2), Judge McGuire of the Family Court of Australia considered an application for final parenting orders. The dispute involved the mother's request to relocate interstate with the child, X, and the father's concerns regarding overseas travel for X.

The court was required to determine the terms of final parenting orders, specifically addressing issues of parental responsibility, the child's living arrangements, restrictions on relocation, and the allocation of time between the parents, including provisions for overseas travel.

The court ordered equal shared parental responsibility for X, with X to live with the mother. Crucially, both parents were restrained from moving X's primary place of address from the greater Melbourne area without the other's written consent. The orders detailed a comprehensive schedule for X's time with the father, including alternate weekends, mid-week time, and a division of school holidays. Specific provisions were made for overseas travel, requiring sixty days' notice, provision of itineraries, pre-paid tickets, and contact details, and limiting travel to Hague Convention signatory countries. The father was also permitted one overseas trip per year to Country B for up to fourteen days, subject to strict notification and itinerary requirements, with a reciprocal arrangement for X to spend the subsequent school holidays with the mother. The court also ordered that both parents sign documents for X's passport, with the mother to hold it but provide it to the father as needed for the orders.