STURM & ORLAND

This matter concerned a parenting dispute between a mother and father regarding their two children, aged five and three. The mother had relocated from Suburb C, first to Area A and subsequently to B City. The father sought orders that the mother be compelled to return to Suburb C and reside in a home he would finance until the youngest child reached the age of 18. The Independent Children’s Lawyer (ICL) made submissions which the court ultimately adopted.

The central legal issue before the court was whether it was in the best interests of the children to order the mother to relocate from B City back to Suburb C, as sought by the father. This required the court to consider the practicalities of such a relocation, the impact on the children and the mother, and the overall welfare and best interests of the children in light of the existing circumstances.

Judge Burchardt found that while the mother's initial move from Suburb C was reactive and not well-considered, she had been residing in B City for approximately one and a half years. The court also noted that the father's personality was described as somewhat controlling, which had been oppressive to the mother. Given these factors, the court determined that it would be impracticable to order the mother to relocate. The court ultimately made orders consistent with those sought by the Independent Children’s Lawyer.

The matter was adjourned for mention before Judge Burchardt on 8 April 2021 at 9:30 am.