Relocation and Freedom of Movement in Perth and Western Australia

The Full Court of The Family Court of Australia has recently revisited the Law on Relocation in the decision of Jurchenko & Foster (2014) FLC 93 – 598

The mother appealed against parenting orders which prevented her from relocating the child’s residence from Perth to the Pilbara in Western Australia where her new husband worked.The mother and father of the child separated before the child was born.

The mother at the time of the hearing had another child with her new husband. His Honour refused the mother’s application and made orders for the child to spend substantial and significant time with the father in Perth, Western Australia.

The mother appealed.

The appeal was opposed by the father who wanted the child to continue living in Perth.

The trial judge gave a “preliminary view” on the outcome of the case prior to hearing evidence.

The Full Court noted that giving such a view may encourage a party to change their original case and to their detriment.

Arguably the mother was not afforded procedural fairness, procedural fairness being an integral legal concept.

The appeal was allowed.