Tillson and Keller (No 2)

This case concerned parenting orders made by Forrest J in the Federal Circuit and Family Court of Australia. The dispute involved the mother, who had resided in Australia for 12 years and was originally from New Zealand, seeking to relocate with the child to New Zealand. The father opposed this relocation, as did the Independent Children’s Lawyer. Both parents had a history of depression and anxiety, with the father having been diagnosed with Major Depressive Disorder.

The court was required to determine whether permitting the mother to relocate with the child to New Zealand was in the child's best interests. Specifically, the court considered the potential impact of relocation on the parents' mental health, the mother's parenting capacity, and the father's mental health. The parties had agreed to equal shared parental responsibility, but the court had to assess whether an order for equal time was appropriate in the circumstances.

Forrest J reasoned that the child's best interests would be met by allowing the relocation. The court found that the mother's parenting capacity was likely to improve if the relocation was permitted, while acknowledging that the father's mental health was likely to suffer. Despite the father's opposition and the ICL's initial opposition, the court concluded that the child could still spend substantial and significant time with the father if the relocation proceeded, and the mother was willing to foster the relationship between the child and the father.

The court ordered that previous parenting orders and plans be discharged and that the mother and father have equal shared parental responsibility for major long-term issues concerning the child. The child was to live with the mother, who was permitted to relocate the child to New Zealand. The orders detailed specific arrangements for the child to spend substantial and significant time with the father, both before and after the relocation, including provisions for communication and travel. The mother was also ordered to register the Australian parenting order as an overseas parenting order with the District Court of New Zealand.