LOWE & DURNOV

In the Family Court of Australia, Hogan J considered an application by the mother for orders allowing her to relocate the child to Germany. The dispute centred on whether such a relocation was in the child's best interests and how the meaningful relationship between the child and the father could be maintained.

The court was required to determine whether the proposed relocation to Germany was in the best interests of the child, and if so, what arrangements were necessary to ensure the father's meaningful relationship with the child could continue. This involved considering the practicalities of time spent together and communication between the father and child, as well as the overarching principle of equal shared parental responsibility for major long-term issues.

Hogan J was satisfied that the relocation to Germany was in the child's best interests and that the father's meaningful relationship with the child could be maintained. The court made orders for the child to live with the mother and granted her liberty to relocate the child to Germany. The parents were ordered to have equal shared parental responsibility for major long-term issues, including education, religious and cultural upbringing, and health. The father was granted significant time with the child in Australia during German school holidays, with the mother responsible for airfares for most of these periods. The orders also stipulated regular electronic communication between the child and the father and prohibited denigration of either parent.