FRYER & NANSON

This matter concerned an application by the mother for the permanent relocation of her two children, aged 9 and 12 years, from their father's residence in Newcastle, New South Wales, to her residence in [W], Queensland. The father opposed the relocation. The central dispute revolved around the best interests of the children, a determination to be made by Judge Coakes.

The court was required to consider several legal issues, including the weight to be given to the children's expressed wishes, the nature of their relationships with each parent and other significant persons, and the extent to which each parent had participated in making decisions about the children's long-term welfare and spent time with them. The court also had to assess the potential impact of relocation on the children's relationships and their overall well-being.

In reaching its decision, the court found that both children had fond, close, secure, and loving relationships with each of their parents. While the mother had been the primary carer until the separation, the father had developed a significant relationship with the children since they began living with him permanently at the end of 2010. The court noted that the children expressed a desire to live in both locations and were reluctant to choose between their parents. The court gave limited weight to the father's evidence regarding the children's preferences, finding that the father had predominantly made unilateral decisions regarding the children's long-term welfare over the preceding three years. The court also observed that the mother had previously acquiesced in the father's disinterest in certain aspects of the children's lives.

Ultimately, the court ordered that the children live with the respondent father. The orders detailed specific arrangements for the children to spend time and communicate with the mother, including during school holidays in Queensland and at other reasonable times in the Newcastle or Sydney areas. The mother was ordered to pay for the children's airfares to and from Queensland, with the father to reimburse her for 30 per cent of the return fare.