Walker & Walker

In the Family Court of Australia, the matter of Walker & Walker involved a dispute between the parents over the relocation of their two children to Melbourne. The parents were in agreement that there should be an order for equal shared parental responsibility, but the mother proposed a proviso which the court did not accept. The court's task was to decide on the relocation of the children and the associated parental responsibility arrangements.

The legal issues centred on whether the relocation of the children to Melbourne was in their best interests, given the parents' financial situation, the mother's employment prospects, and the psychological health of the eldest child. Additionally, the court had to determine the terms of the parental responsibility orders, including the logistics of the children's time to be spent with each parent and the financial implications of the relocation.

The court considered the evidence and submissions from both parties and concluded that the relocation was in the children's best interests, primarily due to the mother's employment prospects in Melbourne, which could prevent the family from facing bankruptcy. The court also noted the children's accustomed routine of frequent electronic communication with both parents, which would be maintained despite the relocation. The father had previously consented to the relocation, and the court was satisfied with the proposed arrangements for the children to spend time with their father during school holidays and long weekends, with the mother meeting most of the costs of these visits.

The final orders of the court permitted the relocation of the children to Melbourne, with the outlined arrangements for parental responsibility and the children's time with their father. The mother was also granted the ability to apply to vary the orders if the father refused to participate in decision making following the relocation.