Gordon and Westmead (No. 2)

The Family Court of Australia heard a dispute between Mr. Gordon (applicant father) and Ms. Westmead (respondent mother) concerning the living arrangements for their young child, K. The central issue was the mother's desire to relocate with K to the USA, which the father opposed, proposing instead that K live with him in Australia. Both parents were described as competent and caring, with K having secure and loving relationships with each of them.

The court was required to determine the parenting arrangements for K, considering the paramountcy of the child's best interests. Specifically, the court had to assess whether the presumption of equal shared parental responsibility applied and how to best facilitate K's meaningful relationship with both parents, particularly in light of the mother's proposed relocation to the USA and the father's opposition to it. Expert evidence regarding the father's potential difficulties in relocating or visiting the USA was also a relevant consideration.

Applying the principles of the *Family Law Act 1975* (Cth), the court found that maintaining K's meaningful relationship with both parents was the primary consideration. The court noted that relocation to the USA would likely deny K a qualitatively meaningful relationship with his father. Given the child's young age, his views were not taken into account. The court ordered that K live with the mother and spend substantial and significant time with the father, with this time to occur within Australia.

The court discharged all former parenting orders and injunctions and confirmed equal shared parental responsibility. K was ordered to live with the mother, with detailed provisions for the father to spend substantial and significant time with K. These arrangements were designed to ensure K maintained a meaningful relationship with both parents, with specific provisions for communication and travel. The mother retained K's USA passport, and the father retained K's Australian passport.