PARISH & ALGERS

This case, *Parish & Algers* [2021] FamCA 291, concerned an application made to the Family Court of Australia by a mother seeking orders for the relocation of her child, X, to Queensland. The father opposed the relocation. The child, X, was 11 years old at the time of the proceedings.

The primary legal issue before the Court was whether to grant the relocation order sought by the mother, considering the paramountcy of the child's best interests as mandated by the *Family Law Act 1975* (Cth). This involved assessing various factors, including the child's expressed wishes, the practicalities of the proposed move, and the impact on the child's relationship with both parents.

In its reasoning, the Court gave significant weight to the expressed wishes of the 11-year-old child, who indicated a strong desire not to relocate. The Court considered that the child's views were well-reasoned and reflected a genuine preference to remain in her current environment, close to her father and established social connections. The Court found that the potential disruption and emotional impact on the child of forcing a relocation against her wishes outweighed the benefits proposed by the mother. The Court applied the principles outlined in sections 60B, 60CA, and 60CC of the *Family Law Act 1975* (Cth), emphasising the importance of the child's right to have their views considered and given due weight according to their age and maturity.

Ultimately, the Court refused to make the relocation order sought by the mother. The existing arrangements for X to spend time with both parents were to continue.