Evans and Kennedy

This matter concerned welfare proceedings regarding a daughter born in September 2002, brought before Guest J of the Family Court of Australia. The dispute arose from the mother's application to relocate with the child from Victoria to Western Australia, which was contested by the father. The parties had separated in May 2004, and the mother had since re-partnered and was expecting a child with her new partner.

The primary legal issue before the court was whether to grant the mother's application for relocation of the child to Western Australia. The court was required to consider the best interests of the child, particularly in light of the father's opposition to the move and the importance of maintaining a meaningful relationship between the child and both parents. The court also had to determine the specific parenting orders that would best serve the child's welfare, including arrangements for shared parental responsibility, living arrangements, and the child's time with each parent.

Guest J determined that relocation was inevitable, referencing High Court decisions on relocation cases. The court found that the father had a meaningful relationship with the child and that the mother had consistently acted in a principled manner since the separation, encouraging the child's relationship with the father. This conduct was considered a significant factor in assessing the mother's willingness to foster the ongoing relationship between the child and the absent father. The court ultimately made orders reflecting a consent arrangement between the parties, discharging previous parenting orders and establishing equal shared parental responsibility. The child was ordered to live with the mother, who was permitted to relocate with the child to Western Australia. Detailed provisions were made for the child's time with the father, including specific holiday periods, regular telephone and webcam contact, and financial arrangements for travel costs, with an undertaking from the paternal grandmother regarding the child's welfare during the father's time.