Herz and Picot

This case concerned an application by the mother, Herz, to relocate with the child, X, to Queensland, and the father, Picot, opposing this application. The matter came before Judge Terry.

The court was required to determine the primary considerations under s 60CC(2) of the Family Law Act 1975 (Cth), namely the benefit to the child of having a meaningful relationship with both parents and the need to protect the child from physical or psychological harm. The court also had to consider the extent to which each parent had taken or failed to take opportunities to spend time with or communicate with the child, or to make decisions about the child, and the extent to which each parent had fulfilled their obligations to support and maintain the child. Finally, the court had to consider the likely effect of any change in the child's circumstances, including the likely effect of her separation from either parent.

The court found that while the child currently had a meaningful relationship with her father, relocation to Queensland would significantly curtail their contact. The judge noted that the father had, until recently, paid minimal child support and had failed to engage with the child's therapy, which contributed to a period of no contact. Despite these concerns, the judge found no evidence that the mother denigrated the father or undermined the child's relationship with him, and observed that the child reacted positively to the father even after a significant break in contact. The court also considered the mother's long-standing desire to relocate to Queensland to be near her sister, predating any issues of alleged abuse. The judge acknowledged that relocation would represent a significant change for the child, severely limiting her time with her father and preventing him from attending school events.

The court ordered that all previous orders regarding the child be discharged. The mother was granted sole parental responsibility, and the child was to live with the mother. The mother was permitted to relocate to Queensland, with specific provisions for the father's time with the child both before and after the relocation, including detailed arrangements for school holidays and communication. Injunctions were granted restraining the father from spending time within a 15-kilometre radius of a specific post office and from permitting the child to come into contact with certain individuals. The mother was also restrained from changing the child's name. Both parents were ordered to notify each other of significant events concerning the child and to maintain updated contact details. Finally, both parents were restrained from denigrating each other in the presence of the child or on social media.