Snell and Dalziel

This matter concerned an application by the mother for permission to relocate the children of the marriage to Adelaide, and the father's opposition to this move. The parties, the mother and the father, sought orders regarding the future care and living arrangements for their three children, X, Y, and Z. The proceedings were before Judge Young.

The primary legal issues before the court were whether the mother should be permitted to relocate the children to Adelaide, and what parenting orders should be made to facilitate ongoing relationships between the children and both parents, particularly given the proposed relocation. The court was required to consider the best interests of the children in determining these issues.

In reaching its decision, the court applied the principles of the *Family Law Act 1975* (Cth), focusing on the paramountcy of the children's welfare. Judge Young ordered that both parents have equal shared parental responsibility for the children. The children were ordered to live with the mother, and she was permitted to relocate them to Adelaide. The court made detailed provisions for the children to spend time with the father, both in the event he remained in Alice Springs and if he relocated to Adelaide. These provisions included arrangements for school holidays and regular contact, as well as orders for liberal communication and the exchange of information from health providers and schools. The court also made orders restraining each party from denigrating the other in the presence of the children.