PETTY & CROWLEY

In the Family Court of Australia, Judge Bender considered an application by the Mother for permission to relocate with the parties' two children to Queensland. The Father, who was commencing a four-year degree in Canberra, sought a coercive order for the Mother and children to relocate to Canberra, or alternatively, to Melbourne or Brisbane, with the intention of seeking a posting to one of those cities upon completion of his studies.

The central legal issue before the Court was whether to permit the Mother's proposed relocation with the children to Queensland, and in the alternative, to consider the Father's counter-application for the children to relocate to Canberra or another major city. This involved assessing the best interests of the children in light of the proposed geographical changes and the parental responsibilities of both parties.

Judge Bender permitted the Mother to relocate to Queensland with the children, ordering that the parties retain equal shared parental responsibility. The Court's reasoning, while not detailed in the provided text, led to orders that facilitated the children spending regular time with the Father. These orders included provisions for school holidays, monthly weekend time, and regular communication via various electronic means, aiming to maintain a meaningful relationship between the children and their Father despite the distance. The orders also addressed practical matters such as travel costs and information sharing regarding the children's health and education.