Mahoney and Jenkin

This matter concerned an application by the mother for orders permitting her to permanently relocate the child, X, to New Zealand, and for the father to consent to this relocation. The dispute involved the parents' parental responsibility for X and the arrangements for X's residence and time spent with each parent, particularly in light of the proposed relocation. The case was heard by Judge Burchardt.

The court was required to determine whether to grant the mother's application for permanent relocation of X to New Zealand. This involved considering the best interests of the child, including the practicalities of the relocation, the impact on the father's relationship with X, and the arrangements for future contact and shared parental responsibility. The court also had to consider the father's obligations in facilitating the relocation and his ability to travel to New Zealand to spend time with X.

Judge Burchardt ordered that the mother and father have equal shared parental responsibility for X, with X to live with the mother. Crucially, the court permitted the mother to permanently relocate X to New Zealand from a specified date. The orders detailed extensive provisions for the father to spend time with X, both in New Zealand and Australia, depending on his ability to obtain the necessary visas to enter New Zealand. These provisions included specific arrangements for school holidays, communication, and the sharing of travel costs. The court also made orders regarding X's enrolment in a New Zealand school and the exchange of information between the parents.