GOODE & SHAND

In the Family Court of Australia, Rees J considered a dispute between a mother and father concerning the relocation of their three children to the United Kingdom and the division of their property. The parents, originally from the United Kingdom, had relocated to Australia in 2009 for the father's employment, with the move initially intended to be temporary. Following their separation in 2016, they continued to plan a return to the UK as a separated family. However, the father revoked his consent to relocate in December 2017, leading to the mother's application to relocate with the children.

The court was required to determine whether it was in the best interests of the children to permit the mother to relocate with them to the United Kingdom, and to make appropriate parenting orders. Additionally, the court had to resolve the division of the parties' property, which included assets in both Australia and the United Kingdom, as well as the father's significant pension entitlement in the UK.

Rees J reasoned that a return to the United Kingdom would be in the best interests of the children, noting that the mother was the undisputed primary carer and had no family or support networks in Australia. The court found that the children could maintain a meaningful relationship with the father from the UK. In relation to property, the court assessed the parties' contributions, finding them to be 57.5 per cent to the father and 42.5 per cent to the mother, with an adjustment of 25 per cent made to the mother under s 90SF of the *Family Law Act 1975* (Cth), resulting in an order for the mother to receive 67.5 per cent of the property pool.

The court ordered that the parents have equal shared parental responsibility and permitted the mother to remove the children from Australia to live in the United Kingdom after 1 May 2020. Specific interim parenting arrangements were made for the period the children remained in Australia, including time with the father and FaceTime communication. Once the children were living in the UK, detailed provisions were made for the father to spend time with them during school holidays, including provisions for travel and communication. In terms of property, the respondent was ordered to pay the applicant a sum of $1,245,740 within three months, and interests in various properties and bank accounts were to be transferred between the parties.