Hannigan and Sorraw

This case concerned a dispute between a mother and father regarding their child, S, born in December 2005. The primary issue before the court was the relocation of the child from Australia to New York State, United States of America, with the mother. The court was required to determine the living arrangements for the child and the nature and extent of contact the child would have with the father, both remotely and during periods of physical time spent together.

The court was tasked with determining the best interests of the child in the context of an international relocation. This involved balancing the mother's desire to reside in New York with the father's right to maintain a meaningful relationship with his child. The court had to establish detailed orders concerning communication methods, travel arrangements, financial responsibilities for travel and accommodation, and the provision of essential information between the parents.

Justice Cohen ordered that the child shall live with the mother and permitted her relocation to New York. The court made detailed provisions for Skype and telephone contact between the child and the father, specifying frequency, duration, and the responsibility for initiating contact and associated costs. The orders also outlined specific periods the child would spend with the father annually, including conditions regarding travel itineraries, travel costs, and the locations where such time could be spent, with a preference for countries signatory to the Hague Convention. Further orders addressed communication during the child's time with the father, financial contributions towards travel for the initial years, passport management, and ongoing information sharing regarding the child's schooling, health, and residential addresses.