SHERWOOD & SHERWOOD

This matter concerned orders made by Foster J regarding a child, D, born in 2000. The dispute involved the mother's proposed relocation of the child to the United Kingdom and the arrangements for the child's time with each parent following this relocation.

The court was required to determine the terms of parenting orders, including the discharge of previous orders, the allocation of parental responsibility, the child's living arrangements, and the specific arrangements for the child to spend time with the father both before and after the relocation to the United Kingdom. Further issues included the conditions precedent to the mother's relocation, such as financial security and the recognition of Australian court orders in the United Kingdom, as well as ongoing communication and information sharing between the parents regarding the child's welfare and education.

Foster J ordered the discharge of all previous orders concerning the child upon the mother's departure for the United Kingdom. The court made orders for equal shared parental responsibility and that the child live with the mother. Crucially, the mother was permitted to relocate the child's permanent residence to the United Kingdom after the completion of the child's school year, subject to specific conditions. These conditions included the mother providing documentary proof of recognition or enforceability of the Australian orders in the UK, and the mother paying $25,000 into a controlled account held by the father's solicitor as security for potential legal costs. Detailed provisions were made for the child to spend time with the father, both during the period before relocation and thereafter in Australia and the United Kingdom, with specific requirements for notice, travel arrangements, and costs. The orders also stipulated communication protocols, information sharing regarding the child's health and education, and an undertaking from the mother regarding the child's potential request to return to Australia.