SCHRODER & SCHRODER

In the matter of *Schroder & Schroder*, the mother sought to relocate with the children to Town 1 and spend block time with the father during holiday periods, while the father opposed the relocation and sought the children to live with the mother in Melbourne and spend substantial and significant time with him. The court was asked to consider whether the mother's parenting capacity would be diminished if she were not permitted to relocate and whether the parties' communication and conflict would support equal shared parental responsibility.

The court was required to determine the children's best interests in light of the proposed relocation and the existing parental conflict. Specifically, the court had to assess whether the mother's proposed relocation was in the children's best interests, considering the impact on their relationship with the father and the overall family dynamic. The court also needed to consider the level of shared parental responsibility that was appropriate given the parties' communication difficulties.

Judge O'Sullivan found that the parties' communication and conflict would not support equal shared parental responsibility. The court determined that the relocation was not in the children's best interests. Consequently, the court ordered that all previous parenting orders be discharged. The mother was granted sole parental responsibility for making major long-term decisions regarding the children's education and health, subject to a requirement to consult with the father and make a genuine effort to reach a joint decision, with the mother having the final decision if no agreement was reached. The children were ordered to live with the mother, and she was restrained from relocating their residence from Melbourne. The court also made detailed orders regarding the children's time and communication with the father, including during school terms, holidays, and specific cultural and family days, as well as provisions for changeovers, communication, notification of illness, and access to school and medical information. Both parties were restrained from denigrating each other and were ordered to undertake a post-separation parenting course.