Secco and Reid

This matter concerned an application by the mother for orders regarding the future living arrangements and contact with the child, X, born in 2005. The father sought to vary existing orders made on 16 December 2009. The proceedings were heard by Judge Henderson.

The court was required to determine whether to suspend existing orders concerning the child X, and if so, for what period. Further issues included the allocation of parental responsibility, the mother's ability to take the child overseas for a period of three years due to her posting in a foreign country, and the specific arrangements for the child to spend time with the father both in Australia and overseas. The court also considered communication arrangements between the father and the child, and provisions for the child's travel, including requirements for accompaniment until a certain age and potential financial consequences for the mother if these were not met.

Judge Henderson reasoned that it was in the child's best interests to suspend the existing orders for a period of three years, commencing 27 January 2014, to accommodate the mother's overseas posting. The court applied principles of the *Family Law Act 1975*, particularly section 65DA(2), in making its determination. The mother was granted sole parental responsibility pending the child's return to Australia and was permitted to take the child overseas. Detailed provisions were made for the child's time with the father, including during school holidays and summer breaks, and for the father to reside at the mother's home in the foreign country for limited periods. Communication by various electronic means was also facilitated. Specific requirements for the child's travel, including accompaniment by a responsible adult until the age of 10, were ordered, with financial penalties stipulated for the mother in the event of non-compliance.

The court ordered the suspension of existing orders for three years from 27 January 2014, with the mother having sole parental responsibility and permission to take the child overseas. Specific contact and communication arrangements were detailed, along with provisions for the child's travel and potential financial consequences for the mother.