WINDEYER & WINDEYER

In this matter before Rees J, the mother sought to relocate with the two children, aged 15 and 10, to Country K. The father sought equal shared time with the children. The court was required to determine the children's best interests regarding the proposed relocation and the extent of time the children should spend with each parent, considering the father's history of mental health issues and one child's diagnosis of Autism Spectrum Disorder. The admissibility of expert evidence concerning Country K's implementation of the Hague Convention was also in issue.

Rees J found that relocating the children to Country K would not be in their best interests, particularly given the significant impact on the child with Autism Spectrum Disorder and the loss of connection with their father and paternal family. The court also considered the father's mental health history, concluding that while substantial time with the father was beneficial, it needed to be balanced against the risk of relapse. Consequently, orders were made for the father to spend substantial time with the children, with the condition that his partner or a member of the paternal family must be present during overnight stays. The father's application to rely on an expert affidavit regarding the Hague Convention was dismissed, as the expert was found not to possess the requisite "specialised knowledge" and no application for a single expert had been made.

The court ordered equal shared parental responsibility for the children, with the children to live with the mother. Detailed orders were made regarding the father's time with the children, including specific arrangements for school terms and holidays, and provisions for Christmas and Father's Day. Crucially, all overnight time with the father was made conditional on the presence of his partner or specific named paternal family members. Further orders included provisions for communication between parents and children, restraints on criticism of each parent, and restrictions on relocating the children outside of Australia without consent or court order. The court also granted leave for the Independent Children's Lawyer to provide a report to certain family members under specific conditions and ordered each parent to contribute to the costs of the Independent Children's Lawyer.