LABATO & NAPOLI

This case concerned an application by the Mother to relocate with the parties' four-year-old child, X, from Canberra to Melbourne to live with her new partner. The Father opposed the relocation. The court was required to determine what parenting orders were in X's best interests, pursuant to section 60CA of the *Family Law Act 1975* (Cth).

The central legal issue was whether the Mother should be permitted to relocate with X to Melbourne. The Father's primary submissions emphasised the importance of both parents having a meaningful involvement in X's life. The Father had moved to Canberra from Brisbane to spend more time with X, having previously served in the Australian Defence Force. The Mother sought orders for X to live with her in Melbourne.

The court found that the Mother had been the primary carer and that X had a strong relationship with her Mother, but a somewhat less secure bond with her Father. The court noted that X had spent limited time away from her Mother and relatively limited time with her Father, particularly overnight. To address this, the court determined that a period of time was necessary for X to build a stronger relationship with her Father and develop greater resilience from being away from her Mother. The court ultimately permitted the Mother to relocate with X to Melbourne, but not before 1 January 2022, to allow for the consolidation of the Father's and X's relationship. The court also ordered that the parties have Equal Share Parental Responsibility, with the Mother having the final say in the event of disagreement, and that X live with the Mother. The orders detailed a phased approach to the Father's time with X, commencing from February 2021 and progressively increasing upon the Mother's relocation to Melbourne. Further orders addressed special occasions, communication protocols, medical information sharing, travel, and the child's name change.