Phelps and Wood

This matter concerned parenting orders for three children, X, Y, and Z, born in 2007, 2008, and 2009 respectively. The dispute involved the mother's proposed relocation of the children's residence from Victoria to New South Wales, and the father's objections to this move. The court was required to determine the parenting arrangements for the children, including the extent of shared parental responsibility, the children's living arrangements, and the time the children would spend with each parent, particularly in light of the proposed relocation.

The court was tasked with determining whether to discharge previous parenting orders and establish new arrangements that would facilitate the children's relationship with both parents. Key issues included the practicalities of the children living with the mother in New South Wales while maintaining a meaningful relationship with the father in Victoria, and the allocation of costs associated with travel for the father to spend time with the children. The court also considered the need for therapeutic interventions to support the children and their relationships with their parents during this transition.

In its determination, the court discharged all previous parenting orders and made orders for equal shared parental responsibility. The children were ordered to live with the mother, who was permitted to relocate the children to New South Wales from the first day of the December 2017/January 2018 school holidays. Until that time, the mother was restrained from moving the children's residence from Victoria without the father's consent. The orders detailed specific arrangements for the children to spend time with the father, both before and after the relocation, including provisions for school holidays and regular weekend contact. The court also mandated communication protocols, including telephone and Skype contact, and the use of a communication book. Furthermore, the orders stipulated various therapeutic interventions for the children and parents, including attachment-based play therapy and individual therapy for one child, with shared costs. The court also addressed the liberty for parties to obtain school reports and to keep each other informed of contact details, and mandated mediation for disputes regarding travel and accommodation costs.