LEVAN & HUXLEY

This case concerned an application by the mother, Ms Levan, for permission to relocate the child, X, born in 2015, to New Zealand. The father, Mr Huxley, opposed this application. The matter came before Baumann J of the Family Court of Australia.

The primary legal issue before the court was whether the mother's proposed relocation of the child to New Zealand was in the child's best interests. This required the court to consider the principles of parental responsibility, living arrangements, and the practicalities of shared parenting in the context of an international relocation.

Baumann J dismissed the mother's application to relocate the child to New Zealand. The court ordered that the parents share equal parental responsibility for major long-term issues concerning the child, requiring them to consult and make genuine efforts to reach joint decisions. The mother was to be responsible for the child's daily care when the child was with her, and the father similarly when the child was with him. The court then set out detailed orders regarding the child's living arrangements, including a two-week cycle, arrangements for school holidays, and specific provisions for special occasions. Further orders addressed communication between parents and child, schooling, exchange of information, overseas travel, and the management of the child's passports. The court also included provisions for the signing of necessary documentation and appointed the Registrar to execute documents in the event of a party's default.