DIONETT & REYNES

This matter concerned an application by the mother for orders permitting the child, C, born in 2008, to relocate to Country Q. The father opposed this application. The court was also required to make orders regarding the parenting arrangements for the child and the division of the parties' property.

The primary legal issues before the court were whether the proposed relocation of the child to Country Q was in the child's best interests, and if not, what parenting orders should be made to ensure the child's welfare. Additionally, the court had to determine the division of the parties' property, including the sale of their jointly owned property, the transfer of a motor vehicle, spousal maintenance, and the division of superannuation interests.

Aldridge J refused the mother's application for relocation, finding it was not in the child's best interests. The court ordered that the parties have equal shared parental responsibility for the child, with the child to live with the mother. Specific detailed orders were made regarding the child's time with the father, including during school terms, holidays, and special occasions, with provisions for interstate and international travel. The court also made orders concerning the sale of the parties' property at F Street, G Town, with proceeds to be divided 63.5% to the mother and 36.5% to the father after costs and mortgage discharge. Further orders addressed the transfer of a motor vehicle, spousal maintenance payable by the father to the mother, the allocation of household utilities and rent, and the division of joint bank accounts. The court also made specific orders pursuant to s 90MT(1)(a) of the Family Law Act 1975 (Cth) for the division of the father's superannuation interests in the IOOF Fund and Uni Super.