Degman & Waldrum

In *Degman & Waldrum*, the parties, the mother and father of two young children, were before the court concerning parenting arrangements following their separation. The central dispute involved the mother's desire to relocate with the children approximately 220 kilometres away to Town B, where her partner resided, and the father's opposition to this move. Both parties sought orders for equal shared parental responsibility.

The court was required to determine whether it was in the best interests of the children for them to live with the mother and relocate to Town B, or if the mother should relocate without the children, or if the children should remain in their current location. A secondary issue concerned the specific time the children would spend with each parent, particularly in light of the potential relocation and the mother's stated fallback positions.

Judge Harland found the case to be finely balanced. The mother's primary motivation for relocation was to live with her partner, who could not relocate to the children's current city. While the mother argued that relocation would not negatively impact the children's relationship with their father, the court noted that the proposed arrangements would significantly alter the frequency and nature of their contact. The court also considered the mother's evidence regarding her partner's inability to relocate and her fallback proposals, which were presented as less desirable options. The father's involvement in the children's lives and decision-making was also examined, with the court noting instances where he had taken initiative.

The court ultimately ordered that the parties have equal shared parental responsibility for the children. The children were to live with the mother, and specific arrangements were made for the children to spend time with the father during school terms and holidays. The initiating application and response were otherwise dismissed.