Leech and Charles

This matter concerned an application by the mother for permission to relocate with the parties' two children, X and Y, to New South Wales. The father opposed the relocation. The court was required to make orders regarding parental responsibility, the children's living arrangements, time spent with each parent, travel arrangements, and the retention and use of the children's passports.

The primary legal issue before the court was whether to grant the mother's application to relocate the children to New South Wales. This involved considering the best interests of the children, as mandated by the relevant legislation. The court also had to determine the specific terms of the parenting orders, including the division of parental responsibility, the schedule for the children spending time with each parent, and the arrangements for communication and travel, particularly in light of the proposed relocation.

The court made orders by consent regarding equal shared parental responsibility and the parties' obligation to make genuine efforts to reach joint decisions on major long-term issues. Crucially, the court permitted the mother to relocate with the children to New South Wales seven days before the commencement of the next New South Wales school term. Detailed orders were made concerning the children's time with the father, including during school holidays and in the event of visits by the father to New South Wales. Provisions were also established for communication between the children and the non-resident parent, travel arrangements, and the management of the children's passports, including specific procedures for overseas travel and emergencies. The court also authorised the mother's lawyer to send an extract of the judgment concerning allegations against Mr G to his supervising officer.