PALLAS & PALLAS

This case concerned parenting orders made by Rees J in the Family Court of Australia. The dispute involved the mother's desire to relocate overseas with the three children, and the father's application for more substantial and overnight time with the youngest child, D. The father was estranged from the two elder children and had minimal contact with D.

The court was required to determine the best interests of the children in relation to both the proposed overseas relocation by the mother and the father's application for increased time with D. Specifically, the court had to consider whether to permit the relocation, and what arrangements for time and communication between the father and D were appropriate, given the existing estrangement and the father's limited contact.

Rees J found that neither parent's initial proposals were entirely appropriate. The court ordered that the mother be permitted to relocate overseas with the children not prior to January 2021, and restrained the father from placing the children on the Airport Watch List. Regarding time with D, the court made orders for D to spend 30 minutes with the father each fortnight, commencing in November 2017, to increase to one hour from June 2018. Regular telephone communication was also ordered, with the mother to facilitate D's participation. The court also made orders regarding communication between the parents, parental responsibility, and the children living with the mother.