KOZUCH & ASKER

In the matter of KOZUCH & ASKER, Rees J of the Family Court of Australia considered an application concerning parental responsibility and the relocation of a child. The dispute involved the mother seeking sole parental responsibility for the child, permission to relocate with the child to the Russian Federation, and orders governing the child's time with the father.

The court was required to determine whether to grant the mother sole parental responsibility for the child, whether to permit the child's relocation to Russia, and to establish a parenting arrangement that addressed the child's time with both parents, including provisions for international travel, communication, and the issuance of an Australian passport for the child. The court also had to consider the implications of these orders under the Australian Passports Act 2005 (Cth) and the Family Law Act 1975 (Cth).

Rees J ordered that the mother have sole parental responsibility for the child and that the child live with the mother. Crucially, the court permitted the mother to relocate with the child to the Russian Federation. The orders established a detailed schedule for the child's time with the father, both in Australia and Russia, and set out specific communication protocols, including telephone and video calls, and the facilitation of gifts and written correspondence. The court also ordered that an Australian passport be issued to the child without the father's consent and that the child be removed from the Airport Watch List. The orders incorporated particulars of obligations, consequences of contravention, and assistance details as set out in an attached Fact Sheet, pursuant to sections 65DA(2) and 62B of the Family Law Act 1975 (Cth).