ROBSON & PABEN

This case concerned an application by the Mother for liberty to relocate with the parties' nine-year-old son, X, to New Zealand. The Father opposed the relocation. The matter came before Judge Bender.

The court was required to determine whether it was in X's best interests to permit the Mother to relocate with him to New Zealand, and if so, what arrangements should be put in place for X to spend time and communicate with the Father.

Judge Bender reasoned that the Mother should be at liberty to relocate with X to New Zealand. The court applied the paramountcy principle, focusing on X's best interests, and considered various factors including the existing parenting arrangements, the proposed arrangements for X's time with the Father, and the need for ongoing communication and involvement of both parents in X's life. The court also made orders regarding counselling for both parents and a restraint on denigration of either parent.

The final orders provided for the Mother and Father to share long-term parental responsibility, with X to live with the Mother. The Mother was granted liberty to relocate to New Zealand on or after 5 July 2015. Detailed provisions were made for X's time and communication with the Father, both before and after the relocation, including arrangements for travel, communication by Skype, and special occasions. The orders also included provisions for the exchange of information regarding X's education and health, and a restraint on the Mother changing X's place of residence from New Zealand except for a return to Australia.