LASMAN & LASMAN

This case concerned an application by a mother for orders permitting her to relocate overseas with the parties' two children, and a separate application by the mother for property orders. The court was presided over by Faulks DCJ.

The primary legal issues before the court were whether it was in the best interests of the children to permit the mother to relocate with them to Sweden, and the appropriate property orders to be made. In determining the relocation application, the court was required to consider the paramountcy principle under s 60CA of the *Family Law Act 1975* (Cth), which mandates that the best interests of the child are the paramount consideration. This involved assessing the factors under s 60CC of the Act in the context of the competing proposals for the children's living arrangements, and then considering the practicability of such arrangements under s 65DAA.

The court applied the principles established in *Sayer & Radcliffe and Anor* and *Muldoon & Carlyle*, which clarify that the correct approach in relocation cases is not to assess whether the relocating parent has a compelling reason to move, but rather to determine which living arrangement is better for the child – living with the relocating parent in the new location or with the other parent in the existing location. This requires a focus on the benefits and detriments to the child of each proposed arrangement. For the property application, the court found there was insufficient evidence presented and further directions were required.

The court ordered that all previous parenting orders be discharged and that the children live with the mother, who was granted liberty to relocate them to Sweden. The mother was ordered to notify the father of their new address and contact details immediately upon relocation and of any subsequent changes within 24 hours. The parties were granted equal shared parental responsibility, with the mother having sole responsibility for schooling decisions, provided she kept the father informed. Specific arrangements were made for the father to spend time with the children in Australia and Sweden, and for ongoing communication via Skype, Facetime, or telephone. The mother was also ordered to provide school reports and photograph order forms to the father. The property matter was adjourned for further directions.