Case Study- Family Law Relocation



Case Study- Family Law Relocation

Timms & Payton [2015] FCCA 3324 (18 December 2015).

1) Application for Mother and child to relocate two hours south from Father
2)There was current orders of joint parental responsibility with the child residing with the Mother and spending time with the Father on weekends and holidays this arrangment was working well
3)Mother expressed she was leaving town with or without the child
4)Court acknoweldges the reasons Mother gave were “shallow”
5) Child is 11 years of age and has strongly expressed the desire not to relocate and wants to reside with the Father

Judgement:
The child is to relocate with the Mother.

What can we take away from this case study?

The Courts will always consider the best interests of the child as a paramount consideration as opposed to the child’s wishes. In this case both the father and child had strongly expressed their desire to remain with each other, however the father did not present a satisfactory care plan for the child due to the hours/nature of his employment, he could not guarantee routine and would have to rely on outside assistance for the mornings and afternoons. Had the father presented an alternative satisfactory care arrangement his case would have been much stronger.

Case : [2015] FCCA 3324

 



References   [ + ]

1. Application for Mother and child to relocate two hours south from Father
2. There was current orders of joint parental responsibility with the child residing with the Mother and spending time with the Father on weekends and holidays this arrangment was working well
3. Mother expressed she was leaving town with or without the child
4. Court acknoweldges the reasons Mother gave were “shallow”
5. Child is 11 years of age and has strongly expressed the desire not to relocate and wants to reside with the Father
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