Kaye and Allison

This matter concerned parenting orders made by Johnston J in the Family Court of Australia concerning a child, X, born in 2011. The dispute involved the mother's application to relocate the child to the United States of America, with the father seeking to maintain a relationship with the child.

The court was required to determine a range of issues concerning the child's living arrangements, parental responsibility, and time spent with each parent. Specifically, the court had to consider whether to permit the mother to relocate the child to the US, how parental responsibility should be allocated, and the specific arrangements for the child to spend time with the father both before and after the relocation. Further issues included communication between the parents and the child, the provision of information regarding the child's schooling and health, and travel arrangements, including the provision of passports.

Johnston J made extensive orders aimed at facilitating the relocation while preserving the father's relationship with the child. The mother was granted sole parental responsibility, with a requirement to consider the father's opinion on long-term decisions. The child was ordered to live with the mother, who was permitted to relocate the child to the US. Detailed provisions were made for the child to spend time with the father, both before and after the relocation, including specific arrangements for travel and the allocation of airfare costs. The orders also stipulated communication protocols, the sharing of school and health information, and the need for both parents to cooperate in ensuring the enforceability of the orders in the US.

The court ordered the discharge of all previous parenting orders. The mother was permitted to relocate the child to the United States, and the child's details were to be removed from the Family Law Watchlist. Specific arrangements were outlined for the child to spend time with the father, both before and after the relocation to the US, with the mother bearing significant travel costs. The court also mandated communication, information sharing regarding the child's welfare, and the obtaining of necessary travel documents. Provisions were made for the registration of the orders in the US to ensure their enforceability. Notations indicated an intended binding child support agreement and an undertaking from the maternal grandmother to cover certain travel costs.