HZ & State Central Authority

The Full Court of the Family Court of Australia, comprising Kay and Coleman JJ, considered an appeal concerning the relocation of a child. The primary dispute involved the father, HZ, seeking to relocate with the child to Queensland, a proposal opposed by the mother, who was the respondent to the appeal. The original orders had permitted the relocation, and the mother sought to overturn this decision.

The central legal issue before the Full Court was whether the primary judge erred in finding that the proposed relocation was in the child's best interests. This required the court to assess whether the primary judge had properly applied the principles of the *Family Law Act 1975* (Cth), particularly section 60CC, which outlines the paramount consideration of the child's best interests. The court also considered whether the primary judge had given adequate weight to the various factors relevant to this determination, including the child's relationship with each parent, the child's age, and the practicalities of the proposed move.

The Full Court found that the primary judge had made several errors in their assessment of the child's best interests. Specifically, the court determined that the primary judge had failed to adequately consider the impact of the relocation on the child's relationship with the mother and had not sufficiently explored alternative arrangements that might have preserved that relationship. The court reiterated the importance of a balanced consideration of all relevant factors under section 60CC and cautioned against an overly optimistic view of the practicalities of long-distance parenting arrangements.

Consequently, the Full Court allowed the appeal, set aside the original orders, and remitted the matter to the Federal Circuit and Family Court of Australia for redetermination.