MARDINE & UYSAL

This case concerned parenting orders for a child born in 2012, with the parties being the mother, Ms Mardine, and the father, Mr Uysal. The dispute involved the mother's application for orders permitting her to relocate overseas with the child and the father's opposition to this. The matter was heard by Judge Small.

The court was required to determine the best interests of the child in relation to a proposed international relocation, the extent of parental responsibility to be allocated to each parent, and the nature and conditions of any future contact between the child and the father. The court also had to consider the father's history of controlling behaviour, violence, and jealousy, as described in the mother's evidence, and its impact on the child's welfare.

Judge Small discharged all previous orders and made new orders reflecting the mother's sole parental responsibility and the child's residence with her. The court permitted the child to relocate to the United States or another country chosen by the mother, with departure permitted after a specified date. The father was granted supervised time with the child until his departure and limited, supervised time thereafter, to be agreed upon in writing. The court also imposed injunctions restraining the father from certain behaviours, including excessive contact with the mother regarding visitation, consuming alcohol or drugs prior to or during time with the child, and applying for the child's passport. The father was also restrained from attending airports for a period after the orders were made.