Court Allows Mother and Child to Relocate from Melbourne to NSW

One very uncommon ruling that is made in parenting matters is the one that allows a child to be relocated once their parents have separated. This is generally because it disrupts the child’s life more than the separation has already, and limits the interactions between parent and child. But in August this year that is exactly what happened.

Originally from NSW the mother now lived in Melbourne with her family – consisting of her husband and a 2 year old child. The mother had expressed her desire to return to NSW and with the support of the court appointed Family Consultant (councilor) it was determined that the mother, if forced to stay in Melbourne, would face emotional and psychological stress and this would limit her capacity to act as primary caregiver to her child.

The Federal Magistrate determined that NSW would offer her a support network that she believed was genuine (her family), realistic employment opportunities and ensure that her mothering abilities would not suffer due to psychological and emotional strain.

The orders were made and she could return, with her child, to NSW while the father stayed in Melbourne.

Danner & Kelso [2012] FMCAfam824

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