LAMSAARD & EBRAHIM

This case involved a dispute between a mother and father concerning their child, A, born in 2011. The mother sought to relocate A to live with her in City S, while A had been living with the father in Australia for the preceding four years. The father and the Independent Children’s Lawyer opposed the relocation. The court was also required to consider an application by the father to set aside previous property orders made under section 79A of the *Family Law Act 1975* (Cth), which was successful.

The primary legal issues before the court were whether to permit the international relocation of the child, A, and the appropriate parenting and property orders to be made. Specifically, the court had to determine the best interests of the child in relation to the proposed relocation and whether the previous property orders should be set aside due to circumstances arising since their making.

Henderson J discharged all previous parenting orders and made new orders establishing equal shared parental responsibility for A. The court ordered that A would live with the father, with specific time arrangements for A to spend with the mother, including during school holidays and for up to two consecutive weeks during school terms, with provisions for travel and communication. The court also made detailed orders regarding the facilitation of A's travel between parents, including financial responsibilities and security for overseas travel. The court further ordered that A would not commence spending time with the mother in City S until she turned 10 years old. The previous consent orders made on 12 January 2015 were set aside.