Whitten and Whitten and Anor

In *Whitten and Whitten and Anor*, Cleary J of the Federal Circuit Court of Australia made orders concerning the residence and time spent with the children of the parties. The dispute centred on the mother's relocation and the impact on the children's living arrangements and schooling.

The court was required to determine the primary residence of the children and to make orders regarding their time with each parent. Key issues included the mother's obligation to re-establish a residence within a specified area, the suspension of existing interim parenting orders, and the specific arrangements for the children's time with the father pending the mother's compliance with the residence order. The court also considered the children's re-enrolment in preschool and the geographical limitations on their ordinary residence.

Cleary J ordered that the mother must re-establish a residence in the C Town area within 28 days, defining this area to include the townships of D Town and E Town. Existing interim parenting orders were suspended for 28 days or until the mother complied with the residence requirement, whichever occurred later. The court then detailed specific periods of time the children were to spend with the father during this interim period, including detailed changeover arrangements. Crucially, the court ordered that the children would continue to live with the father unless and until the mother established a residence in the C Town area. Furthermore, both parents were restrained from causing the children to ordinarily reside outside the C Town area, and the mother was directed to ensure the children recommenced preschool attendance by a specified date. The costs of the father were reserved.