Nappert and Pagel

In the matter of Nappert and Pagel, heard in the Federal Circuit Court of Australia, Judge Howard made orders concerning the parental responsibility and living arrangements for the child, X, born in 2017. The dispute involved the parents' differing proposals regarding the child's residence and time spent with each parent, particularly in light of the mother's desire to relocate to Sydney, New South Wales, and the father's residence in Brisbane, Queensland.

The court was required to determine issues including the allocation of equal shared parental responsibility, where the child would live, and the specific arrangements for the child to spend time with each parent. A significant factor considered by the court was the impact of the coronavirus pandemic on the parents' professional careers and their current work status, as well as the mother's past experiences of discrimination in Queensland which underpinned her desire to move to Sydney.

Judge Howard's reasoning focused on the mother's perception of discrimination in her healthcare career in Queensland, which she believed hindered her professional potential. The court noted the unchallenged evidence that the mother perceived this discrimination and had taken steps to establish a career in Sydney, including securing mentorship. The judge acknowledged that the mother had been planning a professional move to Sydney for some time prior to the separation. The court ultimately made orders for the child to live with the mother in Sydney, with specific provisions for the child to spend time with the father in Sydney and for the father to travel to Sydney for this purpose, with the mother contributing to airfare costs. The matter was adjourned for a mention in Brisbane.