PETERS & LAMBERT

In this matter before Carew J, the mother sought permission to relocate with the parties' two children to New Zealand, while also seeking to enforce a child support debt against the father. The father did not pay child support. The court considered the presumption of equal shared parental responsibility and whether it was rebutted by family violence.

The primary legal issues before the court were whether the mother should be permitted to relocate with the children to New Zealand, and whether the children's relationships with their father could be maintained in such a scenario. Additionally, the court was required to determine the mother's application to enforce a child support debt against the father, and whether the presumption of equal shared parental responsibility applied given the existence of family violence.

Carew J found that the existence of family violence rebutted the presumption of equal shared parental responsibility, and that it was in the best interests of the children for the mother to have sole parental responsibility for major long-term issues. The court ordered that the children live with the mother and granted her liberty to relocate with them to New Zealand, establishing detailed provisions for the children to spend time with and communicate with the father, including travel arrangements and regular communication via Skype. The mother's application to enforce the child support debt was dismissed due to non-compliance with legislative requirements.