Prewett & Mann 2013 FamCAFC 130

A child aged 9 years lived with the mother and spent time with the father under consent orders.  The mother moved residence and then applied to change the consent orders to facilitate her relocation.  The father appealed.

The mother gave evidence that she was maintaining two households and spent a considerable time travelling to meet access arrangements.  The mother had re-partnered and the man she lived with and depended on financially lived in a distant location.  The mother gave evidence that the child’s emotional health was suffering and he needed to see a school counsellor.  The father objected that the mother had disobeyed an order by living with her new partner in a distant location.

The judge found that the changes listed were not sufficient to meet the threshold of significantly changed circumstances.