Haig and Nelson

In these interim proceedings before the Family Court of Australia, Ms Haig (the mother) sought permission to relocate with the child, B, from C Town to D Town. This request was opposed by Mr Nelson (the father). The parties had previously agreed to final orders in 2007, which were later confirmed in 2008, stipulating that the child would live with the mother in Country E from August 2011 until he reached high school age. The mother's current application sought to suspend these existing orders and, on a final basis, have them discharged, proposing instead a move to D Town with the child and her unborn second child.

The central legal issue before the court was whether to grant the mother's interim application to relocate the child to D Town, thereby suspending or altering the existing final orders concerning the child's residence. This required the court to consider the disruptive impact of such a move, particularly given that the final hearing was scheduled to occur within approximately six months. The court also had to determine the admissibility of an affidavit from a psychologist, Ms N, which the mother sought to rely upon, and to which the father initially objected.

Watts J granted leave for the mother to rely on the affidavit of Ms N, noting that the father did not oppose this. The court then made interim orders suspending the previous order of 2 July 2008. Pending further order, the child was to live with his father on alternate weeks from Friday to Tuesday, and otherwise live with the mother, with the child residing in the C Town area. The child was to spend equal time with his parents during school holidays, with the mother having the first half in the event of disagreement. Liberty was granted to apply on short notice regarding the child's living arrangements during the mother's confinement for her second child, and on 14 days' notice for other special days before the final hearing. The court also noted that particulars of obligations and consequences of contravention were attached to the orders, as required by the Family Law Act 1975 (Cth).