HABERMAN & ACEDA (No.2)

This case concerned parenting orders for a four-and-a-half-year-old child, X, born in 2016. The mother sought permission to relocate the child's residence from City C to Brisbane. The father opposed this relocation. The court was required to determine the best interests of the child, considering the significant history of conflict and allegations between the parents, the child's close relationships with both parents, and the child's connection to her paternal extended family in City C.

The primary legal issues before the court were whether the mother should be permitted to relocate the child to Brisbane and how the parenting arrangements should be structured to protect the child's welfare. In determining these issues, the court was mandated to consider the best interests of the child as outlined in section 60CC of the Family Law Act 1975 (Cth). This involved weighing the benefit of a meaningful relationship with both parents against the need to protect the child from harm, with greater weight given to the latter. The court also had to consider additional factors, including the child's age and capacity to express a view, the nature of the child's relationships with her parents and others, and the likely impact of the proposed relocation on these relationships and the child's overall wellbeing.

The court found that while the child had a meaningful relationship with both parents, the high level of conflict between them had been damaging and had exposed the child to family violence. The court was satisfied that the risk of further family violence was low if clear changeover procedures were implemented and direct contact between the parents was minimised. However, the court acknowledged the risk of psychological harm to the child through exposure to conflict falling short of family violence. The court noted the child's strong connection to both parents and her extensive paternal family in City C, while finding the evidence regarding the maternal family's connections to be scant. Ultimately, the court permitted the relocation to Brisbane but deferred it for two years, until the child commenced school in Queensland.

The court made orders for equal shared parental responsibility, with the child to live with the mother. The mother was permitted to relocate the child to Brisbane in 2023, prior to the commencement of the Queensland school term. Detailed spend time orders were made for the child to spend time with the father in City C until the relocation, and thereafter for half of each Queensland school holiday period. The orders also included provisions for communication between the parents, travel arrangements, and injunctions restraining denigration of the other parent and exposure of the child to family violence.