Merritt & Partos 2015 FamCA 666

There was an order for a child aged 9 years to live with the mother, to spend time with the father, and for the father to use his best endeavours to have the child attend sporting and extracurricular activities while the child spent time with him.  Sole parental responsibility was granted to the mother.

The father then relocated to care for his elderly parents and applied for a variation in orders (changed circumstances).  The child was a very keen and talented sportsman and played in two teams in two competitions.  The father had driven the child to sporting venues resulting in his driving about 6-7 hours each alternate weekend.

The judge considered it proper for the father to decide about taking the child to fixtures for the remainder of the sporting season, and discharged previous orders.  The judge required the father to inform the mother of decisions he made (decision delegated).