Tabac & Kelmer

In this matter before Judge Stewart, the dispute concerned parenting arrangements for two children, X and Y, born in 2007 and 2008 respectively. The central issue was the mother's application to relocate the children's primary place of residence to Town B, Victoria, contingent upon her partner securing full-time employment in that area. The father opposed this relocation, seeking to maintain the existing parenting arrangements.

The court was required to determine whether the proposed relocation was in the best interests of the children, specifically considering the impact of geographical distance on the children's ability to maintain a meaningful relationship with the father. This involved assessing the practicalities of the proposed arrangements and the potential for the father to continue to be actively involved in the children's lives despite the increased distance.

Judge Stewart reasoned that the relocation was permissible once specific employment conditions for the mother's partner were met. The court discharged all previous parenting orders and established equal shared parental responsibility. The children were to live with the mother, but the relocation to Town B was conditional on the mother's partner obtaining full-time employment in the City A area. The orders detailed extensive time arrangements for the father, both pending relocation and after the move, to facilitate a continued meaningful relationship. These arrangements included specific provisions for weekends, school holidays, and communication between the children and the non-resident parent. The court also made orders regarding communication between the parents, injunctions against denigrating the other parent, and the provision of information to schools and medical practitioners.