Olmos and Morrall (No 2)

In *Olmos and Morrall (No 2)*, Benjamin J considered an application by the mother for orders permitting her to relocate with the child to Germany, which was opposed by the father. The mother sought to remain the primary carer of the child, while the father sought to become the primary carer. The mother had been diagnosed with Major Depressive Disorder, moderate to severe, and the court considered that her ability to function as a primary carer in Australia was compromised by her current mental state.

The central legal issue before the court was whether the best interests of the child would be served by allowing the relocation to Germany, weighing the risks to the child's relationship with the father against the mother's capacity to act as primary carer in her current mental health condition. The court was required to determine the appropriate parenting arrangements to facilitate the child's relationship with both parents, given the proposed international relocation.

The court reasoned that allowing the relocation to Germany was in the best interests of the child, primarily due to the mother's mental health and her ability to function more effectively as a primary carer in Germany. The court made orders discharging previous parenting orders and establishing new arrangements, including equal shared parental responsibility. These orders permitted the mother to relocate the child to Germany, with detailed provisions for the father's time with the child in Germany, including travel arrangements and communication methods. The orders also stipulated that the parties would take steps to ensure recognition and enforceability of the orders in Germany.