Zanderlake & Long

This matter concerned an application before Justice O'Ryan concerning parenting arrangements for two children, J and L, and spousal maintenance. The primary dispute involved the mother, Ms Long, seeking to relocate the children to Melbourne, Victoria, and the father, Mr Zanderlake, opposing this move.

The court was required to determine whether to discharge previous parenting orders and, if so, to make new orders regarding the children's living arrangements and time spent with each parent. Specifically, the court had to consider the mother's application for permission to relocate the children to Melbourne and establish new parenting orders that would apply following this relocation, including provisions for equal shared parental responsibility and detailed arrangements for the children's time with each parent. The court also addressed spousal maintenance for the mother.

Justice O'Ryan ordered that previous parenting orders be discharged and that the mother and father have equal shared parental responsibility for the children. Permission was granted for the mother to relocate the children to Melbourne from 19 January 2008. The court then set out detailed provisions for the children's time with the father, distinguishing between scenarios where the father resides in Melbourne and where he does not. These provisions included specific arrangements for weekends, school holidays, and public holidays, with the father bearing the expense of travel and accommodation when the children reside in Victoria and he does not. The court also ordered the father to pay the mother $400 per week in spousal maintenance until 1 February 2008. Further orders stipulated communication protocols regarding the children's health and education, and referenced a fact sheet detailing contravention consequences under the Family Law Act 1975 (Cth).