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Mother Permitted to Relocate With Child

by Peter Magee on November 6, 2016

Rhiannon Noble

In Timms & Payton [2015] FCCA 3324 (18 December 2015) His Honour Judge Altobelli heard the Respondent Mother’s interim Application for her to relocate to a town in New South Wales, in excess of two hours from the Applicant Father’s residence, with their 11 year old daughter.

In August 2014, the parties entered into consent Orders that provided for them … Read more

Rhiannon Noble

It is not unusual to have parents residing in different jurisdictions following their separation. However, when there is a dispute as to which jurisdiction and with which parent the child should live with, it raises two very important questions for the Court to consider:

  • Firstly, which country is the appropriate forum to commence Court proceedings in, i.e. Australia or the
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Karen Devey

In the matter of Gilles and Irby [2016] FamCA 13 the mother appealed a first instance judgement of the Family Court that expressly restrained the mother, an adult, from leaving Australia. Other issues were also considered in this appeal. In considering the appeal on the discrete issue of restraining the mother’s freedom of movement, the Full Court first determined that … Read more

You can’t hug Skype

by Michelle McDermott on October 12, 2015

Michelle McDermott

In agreeing with what, in my view, is one of the best lines in a closing submission I have read from anywhere in the world, Mr Justice Wood in the UK High Court has declined a mother’s request to be able to relocate with her 2 year old son to Hong Kong and ordered that the boy remain living in … Read more

Peter Magee

Sometimes when parents separate, one of them wants to move away with the children to be closer to family and friends, for greater job opportunities, or for a change of lifestyle among other reasons. When children are involved though, parties need to be mindful of the impact on the children and the children’s relationship with their other parent.

If a … Read more

Kate Marr Arguably relocation matters are the most difficult cases for a Court to decide the children’s best interest.  The Court has a wide discretion in determining parenting matters, referring to the factors listed in Section 60CC of the Family Law Act.

Considerations that may weaken an application to relocate include the following:

  • The children may spend significant time with both
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