FEWSTER & FEWSTER

In the matter of *Fewster & Fewster*, heard by Judge Betts, the dispute concerned parenting arrangements for three children, two of whom have special needs. The mother sought to relocate with the children to Sydney, where she worked in a specialised role requiring a significant daily commute. The father sought an equal time arrangement with the children remaining in the greater City B region. The existing arrangements were deemed unsustainable for the mother and the children.

The court was required to determine whether the best interests of the children warranted permitting the mother's relocation to Sydney. This involved considering the practicalities of the mother's employment, the children's needs, and the father's desire for continued substantial involvement in their lives. The court also had to establish new parenting orders that would govern the children's time with each parent, taking into account the proposed relocation.

The court reasoned that the mother's long commute was unsustainable and detrimental to the children's well-being. It concluded that the children's best interests would be served by permitting the relocation to Sydney. The court then made detailed orders, establishing equal shared parental responsibility, with the mother having sole responsibility for the children's health and education, subject to notifying and inviting input from the father. The children were ordered to live with the mother, and she was permitted to relocate them to Town C effective from a specified date. The orders then set out a comprehensive schedule for the children spending time with the father, varying depending on whether the father lived within one hour's drive of the mother and children, and also detailed arrangements for holidays, birthdays, and communication.