Koyroyshs & Koyroyshs

The case involved a dispute between a mother and father concerning parenting arrangements for their child and the division of their property following a marriage of two and a half years. The mother sought to relocate with the child to either Country D or Tasmania, while the father sought specific financial orders relating to a joint bank account and a Tasmanian property.

The court was required to determine the best interests of the child in relation to the proposed relocation, considering factors such as the practical difficulties and quarantine requirements associated with travel to Country D due to the COVID-19 pandemic, and the mother's inability to promote the child's relationship with the father, as well as her mental health. Additionally, the court had to address the division of the parties' property, taking into account the father's substantial initial financial contributions, his self-employment and property ownership, and the mother's unemployment but receipt of rental income and financial support from her parents.

In relation to parenting, the court found that relocation to Country D or Tasmania was not in the child's best interests. The presumption of equal shared parental responsibility was not rebutted, and orders were made for the child to live with the mother and spend substantial and significant time with the father. Both parties were restrained from relocating the child more than 30 kilometres from the child's current preschool or school. For property division, the court considered the short duration of the marriage and the parties' respective financial contributions and future needs, making an adjustment in favour of the mother for her future needs.

The court ordered the discharge of previous parenting orders and established equal shared parental responsibility for the child. The child was to live with the mother, with specific arrangements for the father to spend substantial and significant time with the child, including detailed provisions for school holidays and special days. Both parties were restrained from relocating the child beyond a 30-kilometre radius from the child's school. In terms of property, the balance of funds in a joint bank account was to be transferred to the parties in specified amounts, and each party was declared the sole owner of other assets held in their respective names, with provisions for indemnifying each other against existing debts.