Depit and Depit

In the matter of *Depit and Depit*, Brown J of the Family Court of Australia made orders concerning the parenting arrangements for the child of the marriage, K, born in July 1994. The dispute involved the wife's potential relocation with the child to H on the New South Wales north coast and the husband's opposition to this move. The court was required to determine interim parenting orders and outline the procedural steps leading to a final hearing.

The court was tasked with establishing immediate arrangements for the child's residence and time with each parent, considering the impending relocation. Key issues included the child's living arrangements, the practicalities of travel for contact if the relocation proceeded, and the need for a comprehensive family report to inform the court's decision-making. The court also directed the parties to file amended applications and responses, specifying their final parenting orders and any child support claims, and to exchange all relevant affidavit material and financial circumstances statements.

Brown J's reasoning focused on ensuring the child's welfare and facilitating a thorough investigation into the proposed relocation. The court ordered the child to live with the husband from 28 February 2010 until the commencement of the school day on 1 March 2010, and thereafter to remain enrolled at N School. The orders provided for a period of residence with the wife during the Easter school holidays in 2010, with specific provisions for travel costs if the child were to spend time with the wife at H. Crucially, the court ordered a family report to be prepared by Ms. L, focusing on the child's relationships, the implications of relocation, the child's emotional development and views, and the parents' understanding of parental responsibility. The matter was then fixed for trial before Justice Bennett on 17 May 2010.