J v Director-General, Department of Community Services

This matter concerned an appeal from a decision of Rowlands J in the Family Court of Australia, which itself reviewed a decision of a Judicial Registrar. The parties were the father, Mr P, and the mother, Ms J, who were divorced and had a daughter, O. The dispute centred on the mother's relocation of the child from Georgia, USA, to Australia, and the father's assertion that this relocation was in breach of Georgian law and the terms of their divorce decree.

The primary legal issues before the Full Court of the Family Court were whether the mother had breached Georgian law regarding parental notification of relocation and whether she had contravened the terms of the joint legal custody provisions of the divorce decree by failing to consult with the father regarding the child's residence. The court was required to determine the legal effect of the Georgian law and the divorce decree on the mother's actions and the father's rights.

The court accepted the expert evidence of the father's attorney regarding Georgian law. This evidence established that Georgian law requires a custodial parent to provide 30 days' written notice of a change of residence to the other parent, including the full address of the new residence. The court found that the mother had failed to comply with this requirement, having provided only a vague notification of a temporary visit to Australia without disclosing her permanent intentions or the child's new address. Furthermore, the court noted that the divorce decree, while granting the mother, as the physical custodian, the right to make final decisions in the event of disagreement, did not abrogate the father's rights under joint legal custody. These rights included the obligation for the mother to consult with the father on matters concerning the child's well-being and location. The court concluded that the mother's unilateral relocation of the child to Australia, without consultation or proper notification, constituted a breach of both Georgian law and the divorce decree, thereby infringing the father's visitation rights.