Rowan and Penfold

This matter concerned an application by the mother for permission to relocate with the child, L, born in October 1993, to Dallas, Texas. The father opposed this relocation. The case was heard by Justice Jordan.

The primary legal issue before the court was whether to grant the mother's application for the child to relocate internationally with her, and if so, what arrangements should be put in place to ensure the child maintained a meaningful relationship with the father.

Justice Jordan ordered that the child be permitted to relocate to Dallas with the mother from 30 July 2008. The court also made detailed orders regarding the child spending time with the father in Christchurch, New Zealand, during specified periods, including annual arrangements until the child reached the age of majority. The mother was to be responsible for the costs of the child's travel to New Zealand, with the father's child support to be applied towards these costs. The father was granted liberty to spend time with the child in Dallas as agreed, and the child was permitted to communicate with both parents at all reasonable times. The mother was also ordered to ensure the child maintained regular communication with the father, including at least weekly telephone or email contact. The orders incorporated particulars of obligations, consequences of contravention, and assistance for compliance, pursuant to sections 65DA(2) and 62B of the relevant legislation.