DENHAM & NEWSHAM

This matter concerned an application by the mother for international relocation of the child to Belgium, with the father seeking the child to remain in Sydney and for a gradual transition to a shared care arrangement. The child had significant relationships with both parents, with the mother identified as the primary attachment figure. The mother had consistently facilitated the child's relationship with the father and his family.

The court was required to determine whether the child's best interests would be served by permitting the mother to relocate to Belgium with the child, and to establish a parenting arrangement that accommodated the relocation. A further issue was whether the presumption of equal shared parental responsibility applied and, if so, whether it was rebutted.

Carew J found that requiring the mother to remain in Australia would likely impair her parenting capacity. The court concluded that the child's best interests would be met by allowing the mother to relocate to Belgium with the child from March 2022, and that the father would have regular time with the child while in Australia, and thereafter, three occasions each year in Belgium and one occasion each alternate year in Australia. The presumption of equal shared parental responsibility was not rebutted, given the parents' demonstrated ability to communicate and make decisions together.