Family law parenting arrangements often involve significant emotional challenges, especially when decisions regarding child relocation and parenting orders are at stake. This case study highlights how the Seton Family Lawyers team, achieved a successful relocation outcome for their client.
The Case
This family law matter involved a child who was 10 years of age at the time of the delivery of judgement, and a dispute over relocation. We acted for the Applicant who sought orders to relocate interstate with the child. The Respondent, for understandable reasons, opposed the child’s relocation.
During the course of proceedings, due largely to recommendations in the family report, interim orders were made for the child to live with each parent on a week-about arrangement, which increased the child’s time with the Respondent pending final hearing.
The Courtroom
Despite the Applicant’s strong desire to relocate, they demonstrated an openness to explore all parenting options. The Applicant’s material before the court outlined the proposed terms if the relocation was granted, and also included detailed and reasonable alternate terms should the relocation be denied. These ‘back-up’ orders highlighted a stark difference in the reasonableness of the respective parties and demonstrated the Applicant’s preparedness and willingness to accommodate the child’s best interests, even if the relocation was rejected.
In contrast, the Respondent shut down discussions about alternate arrangements, which became an essential piece of evidence in the case. The Respondent failed to provide clarity regarding their proposed parenting arrangements until the second day of the trial — over two years after the relocation was first raised.
“Including your back up, or alternate orders with relocation applications is beneficial for two reasons. Firstly, in the unfortunate event you’re unsuccessful in your primary application, you must still be able to dust yourself off and let the court know what you want and what you can accommodate in the alternate situation. If you do not let the court know when, where and how often you want to spend time with your child/ren in a manner you can accommodate (noting the significant logistical hurdles in implementing ‘relocation’ orders) you might make a bad situation worse by getting less time with your child/ren than you could accommodate or getting unworkable orders that add further stress and angst to the whole situation. Secondly, it demonstrates from the outset a degree of reasonableness, insight and assistance to the court.” – Tim Bowring, Senior Associate
The Applicant’s careful preparation, including alternate parenting proposals, ensured the court was presented with a balanced and practical plan, regardless of the outcome.
The Outcome
Ultimately, notwithstanding the hurdle to relocation presented by the interim orders, the court granted final orders for the Applicant to relocate interstate with the child immediately. Our client’s patience and diligence, and their trust in our advice, saw them achieve the most favourable outcome, relocating to a new home and a new chapter in their lives.
Do you need help in complex parenting matters?
Our mission is to give our clients the security, certainty and independence to better their future. Let our experienced team guide you through the challenges of parenting matters, and child relocation. Contact Seton Family Lawyers today for the support you need to navigate complex parenting litigation.
The above is not intended as legal advice, and we suggest you contact your trusted family lawyer and obtain legal advice in relation to your circumstances or matter.
