Wilkins and Coates

This matter concerned parenting orders made by Benjamin J in the Federal Circuit and Family Court of Australia. The parties, Ms Wilkins (the mother) and Mr Coates (the father), sought to discharge previous orders and establish new arrangements for their child, X. The dispute centred on the child's primary residence, the mother's proposed relocation to New Zealand, and the time the child would spend with each parent.

The court was required to determine the best interests of the child, X, in light of the proposed relocation and the parents' proposed parenting arrangements. Specifically, the court had to consider whether to discharge existing orders, whether to grant the mother permission to relocate the child to New Zealand, and what specific orders regarding equal shared parental responsibility, primary residence, and time spent with each parent were appropriate.

The orders made by the court reflect a consent agreement between the parties, with Benjamin J making determinations based on that consent. The court discharged all previous parenting orders and established equal shared parental responsibility for major long-term issues. The child was ordered to primarily live with the mother, who was permitted to relocate the child to New Zealand from January 2019. Detailed provisions were made for the child's time with the father, including specific arrangements for school terms, school holidays, and Christmas/summer holidays, with provisions for travel and communication. The court also made orders regarding overseas travel, notification of addresses, medical information, and communication with schools and sporting bodies, and stipulated that the child's primary residence could not be moved from the greater City B area without agreement or further court order.