relocate

A mother wanted to relocate and submitted that she experienced a psychological condition that would be alleviated if she were permitted to relocate.  The mother submitted that her level of distress was such that she had on occasions contemplated,...

A child was aged 3 years.  The father was diagnosed with bipolar affective disorder and an expert opined that the father remained at risk of relapse.  The father had been charged with fighting.  The father reported...

A child aged 9 years was diagnosed with autism spectrum disorder and both parents agreed that the child required a high degree of structure, predictability and consistency in her daily routines.  The child had previously lived with the...

The mother of a child aged 4 years at the time of the hearing had been subjected to intense and long term verbal abuse.  The mother applied to relocate to be with her extended family and to provide some relief...

The case involved two children aged 13 and 17 years who both showed high levels of anxiety.  The older child had suffered glandular fever for some years.  The father was assessed as having anxiety, and had been...

The case involved a boy aged nearly 12 years who had lived in a shared care arrangement between both parents.  The parents had prolonged arguments before court about the boy since he was aged 6 months...

A mother left the father when the child was aged 6 months and moved to a distant location overseas (relocate).  The parents disputed residence of the child.  When the child was aged 5 years a judge...

The case involved an application to review an order by one judge to allow a father to re-open a case due to changed circumstances.  The couple had lived together for 23 days and produced a son. ...

The trial judge ordered that the father have sole parental responsibility for a child, that the child live with the father and visit the mother at the discretion of the father.  The mother appealed the orders....

A mother alleged that she had been subjected to family violence and took two children aged 8 and 6 years to visit members of her extended family overseas.  The mother returned only because of a court...

A couple had an order for shared care. The mother then applied to relocate with three children aged 10, 8 and 5 years to a town 78km away. The trial judge allowed the relocation. The father...

A judge commented that whatever weight should be accorded to a right of freedom of mobility of a parent (relocate), it must defer to the expressed paramount consideration of the welfare of the child if that...

Parents disputed arrangements for a 10 year old child.  The father proposed orders that the judge considered would amount to micro-management of parenting, including a formula for extracurricula activities, and a request that medical and dental...

The mother of a 3 year old had commenced a relationship with a new partner (re-partnered).  The father asked for an order to prevent their daughter from coming into contact with the mother’s new partner. The...

The mother had obtained work in an overseas country and had relocated with the young child to that country by consent for 2 years.  The child travelled to see the father each month for two years. ...

The case involved an appeal against the procedure followed by a judge. The couple had a daughter who was aged about one year when the case was heard, who lived with the mother.   The couple had...

Parents initially agreed by consent to a shared care arrangement where the child spent week-about with each parent.  The mother then relocated and asked to change the arrangement so that the child spent more time with...

A family consultant provided a report when a mother applied to relocate with a child aged 7 years.  The mother submitted information from an assessing psychologist who had provided counselling therapy, where this information was provided in...

A father appealed against a decision by a judge allowing a mother to relocate to another country taking an 11 year old child.  Evidence was presented including by the family consultant that the father consumed both...

After separation a mother wanted to relocate to another city where she would receive support from her extended family and would be better off financially. The father wanted to remain in the same city where he...

The Full Court stated that when considering a proposal for a party to relocate a court cannot require the party to demonstrate compelling reasons to relocate a child’s residence (burden of proof).  ...Read More

A mother applied to relocate to another city with her child so that she could re-partner.  The mother gave evidence that she would be devastated if she was unable to relocate, and she would be physically...

A judge restrained a mother and child aged 3 years from relocating more than 20 kilometres from the father’s residence unless the father’s consented (restrained from relocating).  The child spent 5 nights per fortnight with the...

Parents separated when the child was 3 weeks old, and the hearing was held while the child was an infant.  The mother asserted that she had no support network in the city and applied to relocate...

Parties migrated to Australia from a nearby country and had children.  When the parents separated they agreed that the children remain with the mother provided that she remained in Australia.  Two years later the mother wanted...

A couple lived together for a short time and had a son aged 18 months when the case went to court.  The mother had a second child aged 6 years from a previous relationship. The mother...

The judge quoted from a ruling by the Full Court in a 1995 case (In the marriage of B and R, FLC 92-636): “It is not just that Aboriginal children should be encouraged to learn about...