PRESTON & JARDINE

In the matter of *Preston & Jardine*, heard before Cleary J, the dispute concerned parenting orders for a child born in 2013. The parties, who had previously agreed to share parental responsibility equally, sought to vary existing orders. The primary issue was the mother's wish to relocate with the child to New Zealand, where she is a citizen and her family resides, while the father sought to maintain a meaningful relationship with the child.

The court was required to determine the best interests of the child in the context of a proposed international relocation. Specifically, the court had to consider the child's established relationships with both parents, the mother's role as the primary carer, and the practicalities of facilitating ongoing contact between the child and the father should the relocation proceed. The court also had to address the terms of equal shared parental responsibility and the specific arrangements for the child's time with each parent.

Cleary J reasoned that permitting the mother to establish a residence in New Zealand with the child would promote the child's best interests, given the mother's citizenship, the presence of her family, and her commitment to fostering the child's relationship with the father. The court ordered that all prior parenting orders be discharged and that the parties continue to have equal shared parental responsibility. The child was ordered to live with the mother, who was permitted to relocate to New Zealand with the child after the child turned four years of age, subject to specific notice requirements and the registration of the orders in New Zealand. Detailed provisions were made for the child to spend time with the father in Australia during school holidays and for the father to travel to New Zealand at agreed times. The orders also included provisions for communication, travel, and the exchange of information regarding the child.