Wilson & Anor and Roberts & Anor (No 2)

This matter concerned a dispute between Mr Wilson and Mr Farmer (the applicants) and Ms Roberts and Ms Boston (the respondents) regarding the parenting arrangements for a child, E, born in July 2008. The applicants sought shared parental responsibility and opposed the respondents' proposed overseas relocation. The respondents sought sole parental responsibility and permission to relocate overseas for career opportunities, arguing that spending time with the applicants would be contrary to E's best interests. The Independent Children's Lawyer (ICL) supported the respondents' application for sole parental responsibility and the relocation, though not before E attained the age of five.

The court was required to determine the best interests of the child, E, in relation to parental responsibility, time spent with each party, and the potential for international relocation. Specifically, the court had to consider whether to grant sole parental responsibility to the respondents, whether to permit the respondents to relocate overseas with E, and what arrangements for time and communication would be appropriate for the applicants to maintain a relationship with E, both before and after any relocation. The court also had to address the applicants' initial, but later withdrawn, request for E to live with them and for Mr Wilson to be included on E's birth certificate.

Dessau J discharged all previous parenting orders and made new orders reflecting a phased approach to time spent between E and the applicants, commencing with supervised time and gradually increasing in duration and frequency. The respondents were granted sole parental responsibility for E and permitted to travel overseas with the child pending relocation in 2012, with specific provisions for make-up time and ongoing communication. The orders also detailed arrangements for time and communication following the relocation, including periods of time in the country of residence, weekly Skype calls, and the applicants' responsibility for travel costs. Provisions were also made for passport applications, medical information sharing, and school reports.