Wilstrop & Wilstrop

In *Wilstrop & Wilstrop*, the wife sought leave to relocate with the parties' two children from Western Australia to New South Wales. The husband opposed the relocation. The matter came before Burr J of the Family Court of Western Australia.

The primary legal issue before the court was whether it was in the best interests of the children to grant the wife leave to relocate to New South Wales. This required the court to consider the relevant authorities on relocation cases, particularly in the context of the children's relationship with both parents and the potential long-term effects of separation from the husband. A secondary issue concerned the appropriate adjustment to be made under section 75(2) of the *Family Law Act 1975* (Cth) in relation to property settlement, as the parties could not agree on this matter.

Burr J found that while the wife had established connections and a fiancé in New South Wales, and the children had a close relationship with their husband, the evidence did not satisfy him that the separation from the husband would not have long-term detrimental effects on the children. His Honour concluded that it was in the best interests of the children to remain living in Western Australia, in close proximity to their father, and in the equal care of both parents. Consequently, the wife's application for relocation was refused. An adjustment of 7.5% was made in favour of the wife regarding property settlement, reflecting the court's consideration of section 75(2) factors.