Plant and Jowett

This matter concerned parenting orders made by Judge Heffernan. The applicant mother sought orders for the relocation of the children to Darwin, Northern Territory, and for equal shared parental responsibility. The respondent father opposed the relocation.

The court was required to determine whether the mother should be permitted to relocate with the children to Darwin, and if so, what arrangements for parental responsibility, living arrangements, and time spent between the children and each parent would be in the children's best interests. The court also considered issues relating to communication, travel, special occasions, and the children's health and education.

The court ordered that the applicant mother and respondent father have equal shared parental responsibility for the children. The mother was permitted to relocate to Darwin with the children at the conclusion of Term 2 of the South Australian school year. The court then set out detailed provisions for the father's time with the children during school holidays, including specific arrangements for term holidays and long summer holidays, with provisions for agreement or default arrangements. The children were to otherwise live with the mother. Further orders addressed communication, travel, special occasions, health, schooling, and restraints on certain behaviours. The respondent father was ordered to pay the applicant mother's costs.