Kael and Cabello

In the matter of *Kael and Cabello*, Benjamin J of the Federal Circuit and Family Court of Australia made orders concerning the parenting arrangements for a child, B, born in 2012. The dispute involved the mother, Ms Kael, seeking to relocate the child's residence from Sydney, Australia, to City C, New Zealand, and the father, Mr Cabello, seeking to maintain existing parenting arrangements.

The court was required to determine the primary issue of whether to permit the mother to relocate the child to New Zealand and, consequently, to establish new parenting orders that would govern the child's living arrangements, parental responsibility, and time spent with each parent, both before and after the relocation. This included considering the practicalities of shared parental responsibility and the significant geographical distance between the parents.

Benjamin J discharged all previous parenting orders and made new orders that discharged all previous parenting orders. The child was ordered to live with the mother, with both parents retaining equal shared parental responsibility for long-term decisions. Crucially, the mother was permitted to relocate the child to New Zealand, with specific provisions for the timing of the move and notification to the father. The orders then detailed extensive arrangements for the child's time with the father, both before the relocation and thereafter, including provisions for time in New Zealand and Australia, school holidays, and telephone contact. The court also made orders regarding changeovers, information sharing, travel, and financial responsibilities for travel and passports, as well as imposing restrictions on drug and alcohol use by the parents.