Eltis and Eltis

In *Eltis and Eltis*, the parties were the mother and father of a child, X, born in 2010. The dispute concerned parenting arrangements for X, with the mother seeking to relocate to Brisbane with the child. The matter was heard by Judge Terry.

The court was required to determine the most appropriate parenting orders for X, considering the mother's desire to relocate to Brisbane and the father's wish for X to remain in her current location. Key issues included the division of parental responsibility, the child's living arrangements, and the extent of time X would spend with each parent, particularly in light of the potential relocation. The court also had to consider the child's maturity, sex, and background, the parents' attitudes towards their parental responsibilities, and the potential for any proposed orders to lead to further litigation.

Judge Terry discharged all existing parenting orders and made new orders establishing equal shared parental responsibility. X was ordered to live with the mother, with specific provisions for her time with the father, including during school holidays and weekends. The court noted that neither parent had demonstrated a poor attitude towards their parental responsibilities and commended the father for his past efforts in maintaining contact. The decision acknowledged the mother's desire to relocate and the father's wish to remain in their current location, framing it as a problem for the parents to solve, or for the court to resolve if necessary. The court also considered the likely effect of any change in X's circumstances, noting her bond with her mother and her resilience, but also the potential adjustments required if she moved to Brisbane or if the father and his partner moved in together if X remained in her current location.

The court granted an injunction restraining the mother from relocating X's place of residence more than 450km from their current location without the father's consent or a court order, noting that the mother's application was to relocate to Brisbane. The orders also included provisions for communication, medical information, school reports, and notification of address changes.