Saif & Saif

This matter concerned an application by the mother for orders regarding the parental responsibility and residence of the parties' three children, X, Y, and Z. The father sought to oppose the mother's application for sole parental responsibility and her proposed relocation of the children to the Melbourne area.

The court was required to determine whether it was in the best interests of the children for the mother to have sole parental responsibility, for the children to live with the mother, and for the mother to be at liberty to relocate the children to Melbourne. The court also considered the extent of the father's ongoing involvement in the children's lives, particularly in relation to major long-term decisions and communication.

Foster J reasoned that it was in the children's best interests for the mother to have sole parental responsibility, subject to her informing the father of any major long-term decisions concerning schooling and medical issues. The court ordered that the children live with the mother and granted her liberty to relocate them to the Melbourne area. The orders also stipulated detailed provisions for the mother to inform the father of the children's schooling and medical practitioners, and to facilitate regular communication between the children and the father. The father was granted liberty to apply for supervised time with the children. The proceedings were subsequently transferred to the Melbourne Registry for further management.