Withers and Withers

The case of Withers and Withers involved an application by the Mother concerning her child, X, born in 2008. The primary dispute centred on the Mother's request to relocate with the child from New South Wales to an address within the greater (omitted) geographical area. The matter was heard by Judge Middleton.

The court was required to determine the specific parenting arrangements for the child, X, following the proposed relocation. This included establishing the primary residence of the child, the schedule for the child spending time with the Father, and provisions for communication and information sharing between the parents. The court also needed to consider the practicalities of facilitating the Father's time with the child and address any restrictions on that time.

Judge Middleton ordered that the Mother and child be permitted to relocate. The orders detailed a comprehensive schedule for the child's time with the Father, including alternate weekends, specific blocks during school holidays, and arrangements for special days such as Christmas and the child's birthday. The Mother was also ordered to notify the Father of the new address within 24 hours of the relocation. Further orders stipulated how the Father's time would be facilitated, including specific drop-off and pick-up arrangements, and outlined periods when the Father's time would be suspended, such as on Mother's Day weekend. The court also mandated regular telephone communication between the Father and the child, and established protocols for parents to keep each other informed of the child's welfare, medical issues, and school activities. Both parents were ordered to refrain from making derogatory remarks about the other in the child's presence and were granted authority to receive relevant information from the child's educational and healthcare providers. The matter was subsequently transferred to the Newcastle Federal Circuit Court for a directions hearing.