Ulster & Viney

Ulster & Viney was a family law appeal concerning the relocation of children from Melbourne to regional Victoria. The father appealed against final parenting orders that permitted the mother to relocate the children, arguing that the primary judge erred in her exercise of discretion and the weight given to various factors. The father contested the interpretation of "substantial and significant time" and the meaning of "daily routine" as per section 65DAA. The court held that the primary judge did not err in her exercise of discretion and dismissed the appeal. The father was ordered to pay the mother's costs of the appeal, given that he was wholly unsuccessful and justifying circumstances existed for the order. The appeal was dismissed, and the father was directed to pay the mother's costs within 28 days of agreement as to quantum or assessment. The form of the order is subject to entry in the Court's records.