MACEY & HAMILTON

This matter concerned an application by the mother for orders regarding her two children, B and C, born in 2010 and 2012 respectively. The father opposed the mother's proposal that the children relocate from D Town, Victoria, to J Town, New South Wales, a distance of approximately 1,600 kilometres. The court was asked to determine whether this relocation was in the children's best interests, given that both parents acknowledged the children had meaningful relationships with each of them and that there was no need to protect the children from harm.

The primary legal issue before the court was whether to permit the mother to relocate the children's residence to J Town, New South Wales, or to restrain her from doing so. This involved assessing the impact of such a move on the children's relationship with their father and their paternal family, and whether the proposed relocation would diminish these important connections. The court also considered the practical implications of the move, including the increased expense and impracticability of maintaining the children's current level of contact with the father.

Cleary J found that the mother had not fully appreciated the impact of the proposed relocation on the children, particularly concerning their relationship with their father and extended paternal family. The court determined that the children's relationship with their father would be diminished by such a change of residence. Consequently, the court ordered that the children live with the mother but restrained her from moving their residence away from D Town, Victoria. The court also made orders for the children to spend substantial and significant time with the father, and for the parties to have equal shared responsibility for the children.