FOTILAS & TZIKA

In this matter before Berman J, the father sought equal shared parental responsibility and a week-about living arrangement for the child, X. The mother sought sole parental responsibility and that the child live with her, with time spent with the father. The mother also sought to relocate with the child to Greece, which the father opposed. The child had been living with the mother and spending time with the father, and reportedly did not wish to alter the current arrangements.

The court was required to determine the best interests of the child in relation to parental responsibility, the living arrangements, and the mother's proposed relocation to Greece. Specifically, the court had to consider the father's concerns about maintaining a relationship with the child if relocation were permitted, and the mother's circumstances which she contended would be compromised by remaining in Australia. The court also had to assess the child's wishes, though evidence regarding the child's education was limited.

The court's reasoning led to orders discharging previous parenting orders and establishing equal shared parental responsibility. The child was ordered to live with the mother. The father was granted significant time with the child, including alternate weekends, half of all school holidays, and specific arrangements for Christmas and Greek Easter, with detailed provisions for communication and travel. Crucially, the orders also addressed the mother's relocation to Greece, outlining specific time arrangements for the father to spend with the child in Greece, including provisions for travel and communication, and detailing the process for obtaining and holding the child's passport. The court also made orders regarding communication between the parents, the exchange of information about the child's welfare and education, and injunctions restraining denigration of the other parent and entry into each other's residences. Finally, the parties were ordered to attend upon a child psychologist to ascertain the child's wishes and any changes in circumstances.