In Zegna v Zegna  FamCA 340 a divorced couple had agreed to the mother relocating to Spain and the father living in Australia, with both having equal shared parental responsibility. A dispute arose and the father applied to have shared custody of the children if the wife were to return to Australia and if not, that he be granted full custody.
The issue was whether the court had jurisdiction to hear the matter and if so, would it be in the children’s best interest to exercise it. The matter was complicated by International Law in effect.
The father’s application to return the children was ultimately denied. Aside from the international issues, the court’s opinion was that Australia was not the proper forum for carrying out parenting proceedings. As the children’s habitual residence was now in Spain, to do so would be too disruptive and thus not in their best interests.
Relocating with a child can be a complex process. We therefore recommend you seek legal advice from one of our family law solicitors. We invite you to discuss your particular situation with our Legal Practitioner Director, Ms. Shannon Bodeker, who has High Court experience in relocation matters.
Prior to your first appointment, you may send us an email, fax or similar, outlining your situation in as much detail as you like. This information will be read on a complimentary basis prior to your first family law appointment.
Please note this is not family law advice. It is important to seek specific family law advice. We are very experienced Perth family law solicitors and can provide you with the very best legal advice regarding relocation.
Email our Legal Practitioner Director Shannon Bodeker at firstname.lastname@example.org now for your complimentary pre-read and your first appointment at a reduced rate.