Dudney & Lisson

The case involved Mr. Dudney (the applicant father) and Ms. Lisson (the respondent mother) concerning parenting orders for their child, X. The primary dispute centred on the mother's application to relocate the child's primary residence from Sydney to a town on the North Coast of New South Wales. The parties had previously made consent orders for equal shared parental responsibility and for the child to live with the mother. An application for the court's disqualification on the grounds of apprehended bias was also before the court.

The court was required to determine two principal issues: firstly, whether the mother should be permitted to relocate the child's residence to the B Town area, and secondly, the specific time the child would spend with the father, both in the event of a relocation and if relocation were not permitted. The court also had to consider the application for disqualification of the judge.

In relation to the disqualification application, the court found that the basis for the application was not made out and dismissed it. On the substantive parenting issues, the court applied the principles governing parenting proceedings under the *Family Law Act 1975* (Cth), with the paramount consideration being the best interests of the child, as enshrined in section 60CA. The court acknowledged that while the child's best interests are paramount, the legitimate interests and desires of the parents are also relevant considerations. The court considered expert reports and the specific circumstances of the child and the parents.

By consent, the court made orders reflecting equal shared parental responsibility and that the child live with the mother. Crucially, the court ordered that the mother be permitted to relocate the child's residence to the B Town area at the conclusion of the 2021 school year. Detailed orders were then made by consent regarding the time the child would spend with the father, both during the transition period until the commencement of the 2022 school year and thereafter, with specific provisions for school terms, holidays, birthdays, and communication.