FATHER WANTS THE MOTHER TO RELOCATE THE CHILDREN NEAR TO WHERE HE LIVES
Reckard & Chadwick [2020] FCCA 2758 (8 October 2020)
This is a case involving the father seeking that the mother relocate The children so that they could live within a 20km radius near the father.
Facts:
Mr Reckard (the father) and Ms Chadwick (the mother) are the parents of X aged 16, and Y aged 12. The parents between themselves from date of separation have negotiated parenting arrangements for the children without the need for court orders. Those arrangements amounted to the children spending time with the father that would be considered significant and substantial time.
He believes in early August 2020 the mother and children moved to Queensland. She did so with pre‑planning and without notice to the father. It is an agreed fact the mother quickly moved the children’s residence to Queensland without telling or consulting with the father as the state border closure was imminent.
The father sought: That within 7 days the mother cause the children to live at H Street, Town G or within a 20kms radius thereof.That Y spend time with the father each weekend from 3pm Friday to 9am Monday.That X spend time with the father in accordance with her wishes. The mother on the other hand sought that: the parties attend family dispute resolution and that the father undertake drug urinalysis testing within 24 hours of a request being made by the mother.
Issue: Should the court grant the parenting order sought by the father?
Law:
Analysis:
I am satisfied that by living with their mother in Queensland, the children would be denied the opportunity of a meaningful relationship with the father for an unknown time into the future, considering the Queensland COVID-!9 health and travel restrictions. Communication time by telephone or video would be an extremely poor substitute for the relationships the children had with their father until late July or early August.
As they are home schooled and because the father has flexibility with work times, a period each alternate weekend from Friday to Monday from 2pm Friday to 9am Monday in week one and from Wednesday to Friday in week two, is in their best interest and reasonably practicable, provide the father works from home on Thursday and Friday each alternate week and the mother is living within 30 minutes or 30kms of Town B.
On balance, for the above reasons pending further order, these orders are in each child’s best interest and reasonably practicable.
Conclusion: The court orders that the mother shall, within 21 days of the date hereof, cause X and Y to live within a 30km radius of the Town B Post Office.#parenting
