Hernandez & Cranage (No 2)

The appeal before the court involved a dispute between the father and the mother regarding the parenting arrangements for their child, X. The father, an Australian citizen, had been exercising his parenting time with X under the terms of consent orders made in the Federal Magistrates Court in 2013. The mother sought to relocate to Country J with X, which would have resulted in a significant change to the existing parenting arrangements. The case was heard and determined in the Family Court of Australia, with an appeal subsequently brought to the Full Court of the Family Court.

The primary legal issue before the court was whether the mother's application to relocate to Country J with X should be granted. This involved assessing the best interests of X, the impact of the proposed relocation on the existing parenting arrangements, and the respective positions of the parents. The court also needed to consider whether the mother's application was in the best interests of X, and whether it was appropriate to make an order for relocation in the circumstances.

In dismissing the appeal, the court found that the mother's application was not in the best interests of X. The court considered that the existing parenting arrangements, which provided for X to spend significant time with both parents, were in his best interests. The court also found that the mother's application was not supported by sufficient evidence to justify a significant change to the existing arrangements. The court concluded that the primary judge was correct to refuse the mother's application, and that there was no merit in the appeal.

The final orders of the court were to dismiss the appeal and to dismiss the Minister's application for costs of the appeal. The court found that the appeal was not well-founded and that there were no grounds for awarding costs to the Minister. The existing parenting arrangements for X were to remain in place, with X continuing to spend time with both parents in accordance with the terms of the consent orders.