REID & MOLLOY

This case involved a dispute between a mother and father concerning their three children, B, C, and D. The mother sought to relocate to New Zealand with the children, arguing that her emotional and financial circumstances, as well as her parenting capacity, would improve there, and that it was not reasonably practicable for the father to relocate. The father opposed the relocation, seeking equal time with the children in Australia, and alleged family violence. The court was also required to determine property settlement and spousal maintenance issues between the parties.

The primary legal issues before the court were: (1) whether the proposed international relocation of the children to New Zealand was in their best interests, considering the potential deterioration of the father-children relationship and the short-term grief and loss the children might experience; (2) the division of the parties' property pool, specifically the extent of adjustment for section 90SF factors given the father's higher earning capacity and the mother's primary care of the children; (3) the appropriate amount and duration of spousal maintenance, considering the father's capacity to pay and the mother's needs; and (4) whether the father's unauthorised recordings of the mother's telephone conversations with the children warranted a referral of papers.

In relation to the children, the court found that not permitting the relocation was in their best interests, despite acknowledging that the mother's circumstances would improve. The court ordered equal shared parental responsibility but determined that equal time was not in the children's best interests, instead ordering that the children live with the mother and spend significant and substantial time with the father, with detailed provisions for communication, living arrangements, holidays, and special occasions. Regarding property settlement, the court ordered a 70/30 division in favour of the mother, reflecting an adjustment of 20 per cent for section 90SF factors. Spousal maintenance was ordered at $100 per week for 12 months, with the father found to have the capacity to pay. The court decided against referring the father's unauthorised recordings, suggesting he should have recourse to the Evidence Act 1995.