Eades & Wrensted

The case before the court involved parents who had separated in 2010. Their children were living with the mother and spending time with the father. The parents had a conflictual and acrimonious relationship. The mother's husband was employed in Thailand, and the mother wanted to relocate to Thailand for 18 months with her husband and the children. The relocation would provide substantial financial and other benefits to the mother and her husband. The father opposed the relocation. The court was required to consider the legitimate interests and desires of the mother in the context of the children's best interests, as well as whether the father could maintain a meaningful relationship with the children if the relocation was permitted.

The court considered the various factors relevant to the children's best interests, including the nature of the relationship between the children and each parent, the extent to which each parent was able to provide for the children's needs, and the views of the children themselves. The court found that the legitimate interests and desires of the mother were relevant to the children's best interests and that the financial and other benefits to the mother and her husband were not determinative. The court also considered the father's ability to maintain a meaningful relationship with the children if the relocation was permitted. The court found that the father could maintain a meaningful relationship with the children if the relocation was permitted, and that the benefits to the children of spending time with their mother in Thailand outweighed the potential harm of disrupting their relationship with their father.

The court permitted the temporary relocation of the children to Thailand with their mother, subject to certain conditions designed to ensure the children's welfare and to facilitate their ongoing relationship with their father. The court made orders for the mother to provide the father with regular updates on the children's welfare and to facilitate the father's contact with the children during the relocation period. The court also made orders for the parties to attend family consultation services to assist them in managing their relationship and co-parenting effectively during the relocation period.