ELLIS & LANG

In *Ellis & Lang*, Tree J considered competing proposals regarding the residence and time arrangements for two children. The mother sought to relocate from D Town to E Town to reside with her new husband. This proposed relocation would prevent the continuation of the existing substantial and significant time arrangements the children had with their father. The mother indicated a willingness to remain in D Town if her relocation proposal was not permitted.

The primary legal issues before the court were whether the children should live with the mother and, in light of the proposed relocation, what arrangements for the children's time with each parent would be in their best interests. The court also considered the distinction between spending time and communicating with a parent, noting the inadequacy of Skype for facilitating substantial and significant time.

Tree J determined that the children should live with the mother and spend substantial and significant time with the father. The court ordered equal shared parental responsibility for major long-term issues, requiring the parents to consult and make genuine efforts to reach joint decisions. Sole responsibility for day-to-day care was allocated to the parent with whom the children were residing. Crucially, the court prohibited the relocation of the children from the D Town area without the other parent's consent or a court order. Specific arrangements were detailed for the father's time with the children during school terms and holidays, including collection and return protocols, and communication during these periods.