Gaffney and Cox

This matter concerned an application by the parents, Ms Gaffney and Mr Cox, regarding their child, X. The dispute centred on the arrangements for X's residence, time spent with each parent, and the father's ability to relocate X's primary residence. The court was required to make orders concerning these arrangements and to address concerns about X being removed from Australia.

The court was tasked with determining the most appropriate orders for X's parental responsibility, residence, and time with each parent, particularly in light of a proposed relocation by the mother. Furthermore, the court needed to consider and make orders to prevent the potential international removal of X from Australia.

The court made orders discharging all previous extant orders concerning X, except for a consent order dated 4 April 2016. It was ordered that the parents have equal shared parental responsibility for X. X was to live with the mother, who was permitted to relocate X's principal place of residence to the Southern Queensland region. Specific provisions were made for X's time with the father, including during school holidays and long weekends, with detailed arrangements for travel notification and cost allocation. The court also made significant orders restraining both parents from removing X from the Commonwealth of Australia without written consent or a court order, and directed the Commissioner of the Australian Federal Police to place X's name on a Watch List at all international departure points for 24 months. The Marshal of the Family Court and all relevant police officers were empowered to give effect to these orders.