MOTHER SEEKS TO RELOCATE WITH HER SON TO CANBERRA FOR HER DREAM JOB
Hudson & Duncan [2021] FCCA 46 (19 January 2021)
This is an application by the mother seeking to relocate her four year old son to Canberra. The father opposes such relocation and proposes that the child should remain living in Melbourne with him.
Facts:
This is the Mother’s application to relocate from Melbourne to Canberra with the parties’ four year old son X born 2016 (“X”) so that she can start what she describes as her “dream job” in February 2021 and move in with her new partner, Mr. A who lives and works in Canberra.
The Father would prefer the Mother to remain in Melbourne so that the shared care arrangement the parties’ have had in place for X since their separation in October 2019 can continue.
It is submitted on behalf of the Mother that she has been and remains X’s primary carer and it is in his best interests that he relocate with her to Canberra so that he continues to live primarily with her as she has been his constant parent for most of his life.
It is the Father’s belief that a move to Canberra is not in X’s best interests because he would not only be deprived of the Father’s daily care of him, he would also be deprived of all the other supports that X has had in place all his life in Melbourne.
Issue: Should the court grant the relocation of the child?
Law:
- Family Law Act 1975 ss 60B(1), 60B(2), 60CA, 60CC(2), 60CC(3), 64, 65D
Analysis:
X will be genuinely distressed by his Mother’s move and will struggle to adjust to not seeing her every week. To have the security of his known caregiving system continuing, being his known child carers, his family home, his extended family and friends readily available to him will make that adjustment a little easier. In contrast, a move to Canberra would not only require X to adjust to the loss of his father’s presence, but would also involve adjusting to a new home, new child care arrangements, living in a new blended family and the loss of his friends and community whom he has known all his life.
Conclusion: If the Mother lives in Canberra, X live with the Father in the Melbourne metropolitan area and spend time with the Mother at times to be agreed.