Merton and Merton

In the matter of Merton and Merton, Dessau J considered an application concerning the parenting arrangements for three children. The dispute centred on the mother's proposed relocation with the children and the father's application for orders regarding their living arrangements and time spent with each parent.

The court was required to determine the best interests of the children, specifically addressing the likely effect of any changes in their circumstances, including separation from either parent. The court also considered the practical difficulties and expense of the children spending time with and communicating with each parent, and whether such difficulties would substantially affect the children's right to maintain regular contact with both parents. A further issue was the presumption of equal shared parental responsibility and whether it applied in this case.

Dessau J found that the mother's proposed relocation would involve dramatic and substantial change for the children, taking them away from their father, schools, friends, and professional support network. The court noted that while consistency and routine are important for the children due to their developmental and educational needs, this should not be a barrier to appropriate living arrangements. The judge concluded that the mother's actions indicated an attempt to "wrest control of the children from the father" and undermine their relationship with him. The court also considered the significant travel involved if the children were to live with the mother in a different area, which would seriously interrupt their relationship with their father.

The court ordered that all previous orders regarding the children be discharged. The children were to live with the father, with the mother to spend supervised time with them for a period of six months, after which more extensive time arrangements were to commence. The presumption of equal shared parental responsibility was found not to apply. The mother was restrained from relocating the children and from attending at the father's property. The court also made orders regarding the children's medical, developmental, and educational needs, requiring consultation with professionals and schools, and providing for sole parental responsibility for the father in certain circumstances. The Independent Children's Lawyer's appointment was to be discharged after six months.