Marek and Heywood

The case of *Marek and Heywood* concerned parenting orders made by Judge Small in the Federal Circuit Court of Australia. The dispute involved the mother's application to relocate with the three children, [X], [Y], and [Z], to Town A, and the father's opposition to this proposal. The court was required to determine the best interests of the children in light of the proposed relocation, considering their views, relationships with both parents and extended family, and the parents' capacity to co-parent.

The court's reasoning focused on the children's expressed views and their relationships with their parents and grandparents. [X] indicated he did not support the relocation due to concerns about spending less time with his father, though he wished to remain with his siblings. [Y] expressed a desire for her mother to be with her family but also voiced concerns about separation from friends and her father, yet had previously expressed a wish to live in Town A. [Z]'s views were not formally known, but she was described as struggling with the parental separation. All children were noted to have close relationships with both parents and both sets of grandparents. The court acknowledged the parents' history of co-operative parenting and their ability to agree on significant matters concerning the children, despite allegations regarding child support payments which could not be resolved due to a lack of tested evidence.

Ultimately, the court discharged all previous parenting orders. It permitted the mother to relocate with the children to Town A after the end of the 2018 school year. Until the relocation, the children were to live with the mother and spend time and communicate with the father according to the existing five-nights-per-fortnight regime, with additional time by written agreement. Final orders were made by consent in terms of a Minute provided to the court, and all other extant applications were dismissed.