HOLZMANN & HOLZMANN

This case concerned parenting orders for two children, [X] and [Y], born in 2009 and 2013 respectively. The mother sought to relocate with the children from Darwin to Town A in Western Australia, proposing that the children spend time with the father during school holidays. The father opposed the relocation and sought the continuation of existing arrangements where the children spent five nights a fortnight with him. The matter came before Judge Young.

The central legal issues before the court were whether to permit the mother to relocate with the children to Western Australia, and consequently, what parenting arrangements, including time spent with each parent and parental responsibility, would be in the children's best interests. This involved considering the primary considerations under section 60CC(2) of the *Family Law Act 1975* (Cth), specifically the benefit to the children of having a meaningful relationship with both parents, and the need to protect them from harm, noting there was no evidence of harm in this case. The court also had to consider the factors outlined in section 65DAA(5) when determining what arrangements were reasonably practicable, including the distance between parents, their capacity to implement arrangements, and their ability to communicate and resolve difficulties.

The court reasoned that the father's submission that a meaningful relationship could only be maintained by the children remaining in Darwin was too restrictive an interpretation of the term "meaningful." Drawing on case law such as *Sigley & Evor* and *McCall & Clark*, the court understood "meaningful" to mean "significant" or "of consequence," rather than necessarily "optimal." The court acknowledged the mother's stated unhappiness and isolation in Darwin, her desire to return to Town A, and her need for emotional and social support during treatment for a diagnosed condition, which necessitated her relocation. The court found that while the relocation would alter the existing arrangements, it did not preclude the children from having a meaningful relationship with their father.

The court ordered that the parents have equal shared parental responsibility for the children and that they make a general effort to jointly decide on major long-term issues. The mother was permitted to relocate to Town A with the children, with the children to live with her there. Specific arrangements were made for the children to spend time with the father during school holidays in Darwin, with detailed provisions for travel, costs, and communication between parents and children. The orders also included provisions for the parents to keep each other informed of the children's health and education, and to refrain from making derogatory remarks about each other in the children's presence.