(a) ensuring they have the benefit of both of their parents having a meaningful involvement in their lives, to the maximum extent consistent with their best interests;

(b) protecting them from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence;

(c) ensuring they receive adequate and proper parenting to help them achieve their full potential; and

(d) ensuring that parents fulfil their duties, and meet their responsibilities, concerning the care, welfare and development of their children.

1. Section 70A(1) requires me to apply a presumption that it is in Abe's best interests for his parents to share parental responsibility equally. The allocation of parental responsibility does not govern the time children spend with each parent. However, if an order is made for equal shared parental responsibility, then the Act requires me to consider whether spending either equal time or, failing that, "substantial and significant time", with each parent would be in Abe's best interests. If either alternative is in his best interests, then I must consider making such an order, provided I have found the arrangement to be "reasonably practicable".
2. In determining what is in Abe's best interests, I must consider the matters in s 66C of the Act. These are divided into "primary considerations" and "additional considerations", but the law is well settled that the "primary considerations" do not necessarily outweigh any combination of the "additional considerations".

1. The first of the primary considerations is the benefit to the child of having a meaningful relationship with both parents. It is well accepted that "a meaningful relationship" is one which is important, significant and valuable to the child, and that "meaningful" is a qualitative adjective, not a quantitative one.
2. I am satisfied beyond any doubt that it would be in Abe's best interests for him to have a meaningful relationship with both parents. Although submissions were made on behalf of the mother concerning the possible deleterious effect on Abe of moving to Country B, it was not suggested by either counsel that Abe would not be able to have a meaningful relationship with his parents while living in different countries. I am satisfied that he would have such a relationship by virtue of spending considerable holiday periods with the other parent and also by keeping in contact by means with which he is very familiar.
3. The second of the two primary considerations is not relevant as Abe is not at any risk of harm from either parent - or from their partners. He is a much loved and well-cared for child who would be nurtured and thrive in both homes.

1. I turn now to the additional considerations.
   • (a) any views expressed by the child and any factors (such as the child's maturity or level of understanding) that the court thinks are relevant to the weight it should give to the child's views;
2. Abe is too young for his wishes to be a significant factor. I am confident he would want to see as much of both his parents as possible.

(b) the nature of the relationship of the child with:

(ii) other persons (including any grandparent or other relative of the child);

1. Abe enjoys loving relationships with not only his parents and their partners, but with a wide range of extended family members, including family members of his step-parents. I anticipate that wherever Abe is living, there will be a regular stream of visitors, some of whom are likely to stay for extended periods. If he is living in Western Australia, he will be able to see more of the members of both families living here and similarly, if living in Country B he will be able to see more of the family members who live there.
2. It is not possible to be precise about which of the many relationships are of most importance to Abe. Apart from the close relationships he has with his parents and their partners, his friendship with his cousin, Brad, and the relationship he has with his half-sister, Regan, seemed to be of particular importance. Abe lived in the same home as Brad after the mother came to Perth in 2013, and has lived much of the time with Regan since the father came to Western Australia in January 2016. There has been some friction between Abe and Regan, but nothing that would be unexpected with children of their age.
3. Abe does not have any relationship with Jake's children and it appears unlikely he will do so in the foreseeable future.

(c) the extent to which each of the child's parents has taken, or failed to take, the opportunity -

(i) to participate in making decisions about major longterm issues in relation to the child; and

1. Both parents have spent considerable periods with Abe and communicated regularly with him when he is with the other parent. The parents are to be commended for the efforts to resolve issues about Abe privately, including by attending mediation. They have generally been successful other than when it came to the current heart-wrenching decision.

(da) the extent to which each of the child's parents has fulfilled, or failed to fulfil, the parent's obligations to maintain the child;

1. Abe currently spends most of his time with the father, and the mother is obliged to pay a very nominal amount of child support to him. This is not paid - but this is of no relevance since in the father's first affidavit he was under the impression that it was him who was meant to be making the nominal payment. The mother and father meet Abe's educational and medical expenses equally.

(d) the likely effect of any changes in the child's circumstances, including the likely effect on the child of any separation from -

(ii) any other child, or other person (including any grandparent or other relative of the child), with whom he or she has been living;

1. Both parents propose a major change of circumstances for Abe. The obvious impact of either proposal will be a substantial diminution in the time Abe spends with the other parent. While there will still be frequent school holiday contact, I accept that for a child of Abe's age the gaps between holidays will seem very long and he will undoubtedly miss close physical contact with one of his parents. This sense of loss will be ameliorated to some extent by regular Skype contact and the knowledge that the other parent would wish to be close to him. It will also be lessened by the visits he will receive from members of the extended families.

(e) the practical difficulty and expense of a child spending time with and communicating with a parent and whether that difficulty or expense will substantially affect the child's right to maintain personal relations and direct contact with both parents on a regular basis;

1. There will be difficulty and expense associated with Abe spending time with the non-resident parent. There are, however, direct flights between City B and Perth and the father can afford the costs of the four annual visits he proposes. I am also satisfied that the mother and father between them can afford the cost of the three annual visits the mother proposes. Further, if Abe was living in Western Australia, the father could meet the cost of one additional journey each year, which is what I would order if Abe was to remain here. There will therefore be no more than about three months when Abe does not physically see his other parent.
2. Abe can now travel as an unaccompanied minor on some airlines that fly between Perth and City B. At least one of the airlines has a monitoring device which keeps both parents updated in relation to progress of the journey. Nevertheless, I would expect that until Abe is at least seven, both families would arrange for him to be accompanied by a relative, especially given the frequency with which family members already visit each other. Thereafter, it is likely Abe would be accompanied by a family member on many journeys because of the regularity with which the families visit each other.
3. I am satisfied that both parents would arrange for Abe to remain in regular contact with the non-resident parent by means with which Abe is familiar.

(ii) any other person (including any grandparent or other relative of the child),

to provide for the needs of the child, including emotional and intellectual needs;

1. Both parents have undoubted capacity to provide for all of Abe's needs.

(g) the maturity, sex, lifestyle and background (including lifestyle, culture and traditions) of the child and of either of the child's parents, and any other characteristics of the child that the court thinks are relevant;

1. Abe is described by both parents as being "part [Country B ethnicity]". The father says he shares the mother's desire for Abe to be involved in his Country B culture and he gave undisputed evidence of the cultural education and linguistic tuition provided in all schools in Country B.
2. The mother teaches Abe about Country B culture. Her father, who the mother described as a "very proud [Country B] man", speaks [his native language] to Abe on occasions and asks Abe to repeat words. I consider this of great importance, as Abe is a member of a proud people with a rich and vibrant culture.
3. While I accept that the mother and her family are far better placed than the father to promote Abe's understanding of his Country B heritage and language, there would still be significant opportunity for this to occur during holidays if Abe is living with his father. On the other hand, living in Country B with the father would provide opportunities for Abe to be physically closer to his Country B heritage than when living in a foreign country.

(h) if the child is an Aboriginal child or a Torres Strait Islander child ...

1. This factor is not relevant.
   • (i) the attitude to the child, and to the responsibilities of parenthood, demonstrated by each of the child's parents;
2. Both parents have demonstrated a very good attitude to the responsibilities they have as parents and can take great pride in the fact that Abe seems to be coming along very well, notwithstanding some fairly significant chopping and changing in his young life.

(j) any family violence involving the child or a member of the child's family;

(k) if a family violence order applies, or has applied...

(l) whether it would be preferable to make the order that would be least likely to lead to the institution of further proceedings in relation to the child;

1. It is usually preferable to make the order least likely to lead to the institution of further proceedings. Aside from the contentious issue associated with relocation, the mother and father have shown capacity to resolve matters without litigation. There is therefore a strong basis for anticipating that once the decision about the relocation has been made, Abe's parents will resolve future issues by direct communication or by mediation.

(m) any other fact or circumstance that the court thinks is relevant.

1. I do not consider there are any other relevant facts or circumstances.

1. The mother and father agree there should be an order for equal shared parental responsibility. Given the attitude they have demonstrated, including their preparedness to attend mediation, I am satisfied that making such an order will be in Abe's best interests.

Equal time and substantial and significant time

1. Having decided to order equal shared parental responsibility, the legislation requires me to consider making an order for equal time or substantial and significant time. No one seeks those orders and they are impracticable when the parents will be in different countries.

1. I turn then to the crucial issue - should Abe live in Country Town N or City B?
2. The first thing to be said is that it will be the decision of Abe's parents, not the Court, which will result in Abe not spending regular time with each parent. The mother could, if she wished, return to Country B to live near Abe if I make the orders proposed by the father. Conversely, the father, if he wished, could remain in Western Australia and spend regular time with Abe - if not continuing to have him for the majority of the time. Neither of these options is available, since both parents presented their cases on the basis of acceptance of the propriety of the choice the other has made. The father has good reasons for wishing to remain in the Country B Armed Forces and the mother has good reasons for wishing to remain in the environment in which she and Jake are now well settled.
3. The second thing to be said is that there will be a safe and generally satisfactory outcome for Abe regardless of whether he is living predominantly with his father or with his mother. The only part of the proposed arrangements of both parties which is unsatisfactory is the longer periods of separation from the non-resident parent.
4. The third thing that must be noted is that this is a very finely balanced case. I have found it difficult to fasten upon one factor, or series of factors, which point clearly toward the best outcome. Nevertheless it is my role to identify such factors, although in the final analysis my decision may be seen as depending more on intuition formed on the limited opportunity I have had to observe the parents and their partners.
5. These are the reasons I have decided to permit Abe's return to Country B:
   1. Abe is now accustomed to staying the majority of the time with the father and, importantly, going to a school near the father's home. There will be less change in his routine under the father's proposal than under the mother's.
   2. Abe will have the best opportunity to continue to develop a relationship with Regan and, in due course, the baby expected later this year. They will probably be the only siblings Abe will ever have and I consider it in his best interests to have the opportunity to enjoy and learn from those associations. Abe can maintain his friendship with Brad during regular holiday visits to Western Australia.
   3. While I accept that if Abe remains here, there is a likelihood that he will more regularly see a wider range of extended family than he would living in City B, I am satisfied he will still have opportunities to see all members of his family.
   4. I gained the impression that the father's relationship with Katie may be somewhat more secure than the relationship the mother has with Jake. The only objective basis upon which such a finding can be made is that there was a time when the mother and Jake separated for some months. I am not entirely convinced that I have the full story in relation to that separation (just as I was not given the full story in relation to the time Jake spends with his children). This is a significant factor since the Country Town N home is in Jake's name and a future separation would be likely to lead to Abe shifting residence. I note also that the father's sister Maria was not crossexamined on her claim that the mother told her during the separation that "[Jake] had issues". It was not put to Maria that the mother had told her that the reason for the separation was because of Jake's long working hours. In this context it is worth noting that the mother has a history of "putting up with" the lot of a "[Armed Forces] wife" and it seems she only called an end to that life when the father formed a new attachment. In making these observations, I have not overlooked that the mother returned to live with Jake after their separation and that there is no evidence to suggest that there is currently any difficulty in their relationship. I hope for Abe's sake that the relationship continues because Jake presented as a decent person with strong values.
   5. Although little was made of it at the trial, I consider that life for Abe will be easier if he is living close to his school rather than having fairly extensive travel every day of the school week. The drive from Country Town N to Town B takes 50 minutes according to the mother (and an hour according to the father). In City B, Abe will be likely to live much closer to children attending his school, although I accept some children from Country Town N do go to school in Town B.
   6. While accepting the much greater capacity of the mother and her family to provide a culturally appropriate upbringing for Abe, the opportunity for him to live in the homeland of the Country B people should be to his advantage.
   7. While also accepting the possibility of the father's career not proceeding as planned, he presented as a stable individual who would make every effort to provide stability in Abe's life. If it came to pass that the father was required to leave City B for more than a fairly short period, he would be obliged by the orders I propose to make to inform the mother so she will have an opportunity to approach the Court to seek a change in residence arrangements. For example, if the father was to be deployed for an extended period, then it may be better for Abe to return to his mother rather than stay with his stepmother (notwithstanding she is a kind and loving person who would make good arrangements for his care). It should be noted that it was common ground that under the current applicable law in Country B, any application to vary the orders I propose to make would need to be made here, not in Country B.
   8. Abe appears to share many of the same interests as his father and it would be good for him to share those interests together, notwithstanding that Jake too shares many common interests with Abe, which Abe greatly enjoys.
   9. I have considered the arguments advanced on behalf of the mother that Abe's primary attachment is likely to be to his mother rather than his father, and that it would accordingly be better for Abe to live with her. While I accept that there may be some basis for that submission, the care arrangements for Abe have been somewhat out of the ordinary, and he has spent extensive periods of time in which the majority of his care has been provided by his father. In the absence of expert observational evidence I could not safely make any findings about his primary attachment(s). I also cannot overlook the fact that the mother herself has been prepared to agree, albeit perhaps reluctantly, to arrangements whereby Abe spends the majority of his time with his father.
   10. Although I have considered the evidence relating to Katie's immigration status in Country B, I do not consider this a matter of great significance as it appears more likely than not that she will achieve permanent residency and citizenship.

1. Although the father is required to return to Country B on 9 July 2018, his lease on his Suburb W home ends on 30 June 2018 and he is required to vacate on 29 June 2018. He will then stay with his sister until 9 July 2018 when he and his family are booked to fly to City B.
2. It is in this context that I make the following orders, which are largely in a form the father proposed and which the mother considered appropriate if the relocation was permitted. The main change I propose is that the fourth annual visit proposed by the father should continue after the time Abe turns 10 years. I did not raise this possibility at trial and would therefore allow liberty to apply to make submissions about this amendment.
   1. The parties have equal shared parental responsibility for [ABE HELLICK] born ... July 2012 ("Abe").
   2. Abe live with [MR HELLICK] ("the father").
   3. The father be at liberty to relocate [Abe] to [City B], [Country B] on or about 9 July 2018.
   4. Within 48 hours of the father arriving in [City B], the father notify [MS WALTZ] ("the mother") of:

(a) the residential address at which he and [Abe] are living;

(b) a telephone number on which the mother may contact [Abe];

(c) an email address to which the mother may email the father and [Abe];

(d) upon [Abe]'s enrolment at school, the name and contact details for the school and the school Principal; and

(e) thereafter notify the mother of any subsequent changes of address, telephone number or email address.

1. As soon as practicable upon the father's arrival in [Country B] the father do all things necessary to:

(a) register these Orders with the District Court of [Country B];

(b) obtain from the District Court [Country B] Court if practicable a certificate or declaration of enforceability in [Country B] of these Orders or a similar document confirming the enforceablity of these orders in [Country B]; and

(i) all documents filed in the District Court of [Country B]; and

(ii) all documents issued by that court, in relation to the registration of the orders in that court.

(a) pending [Abe]'s relocation to [City B], during the time provided in the existing Parenting Plan and for such additional time as the father may permit.

(b) after [Abe]'s relocation to [City B], on four occasions each calendar year, on the following terms:

(i) on three occasions during the three midyear school holidays each year, [Abe] travel to Western Australia to spend time with the mother for a period of not less than 14 days;

(ii) on one further occasion each year, during the December/January school holidays for a period of three weeks, alternating so that [Abe] spends Christmas Day in Western Australia in odd numbered years and in [Country B] in even numbered years; and

(iii) at other times as agreed between the parties in writing, with such time to include:

(A) occasions when the mother travels to [Country B] to spend time with [Abe]; and

(B) occasions when the mother requests for [Abe] to spend time with her immediate family in [City B], [Country B].

(iv) For the purposes of this Order, the mother's "immediate family" means:

(C) her siblings, siblings in law, nephews and nieces; and

(D) such other relative of the mother's agreed between the parties.

1. In addition to the time provided for above, the mother be at liberty to nominate four periods of up to four days, to spend time with [Abe] in either Sydney, Melbourne or Brisbane/Gold Coast, subject to:

(a) the mother giving the father at least 21 days' written notice of her wish to do so;

(b) the time taking place during a long weekend or public holiday weekend for [Country B];

(i) the air fares for [Abe] from and to [Country B]; and

(ii) her own travel and accommodation expenses; and

(d) the father meeting the costs of his travel from and to [Country B], and his own accommodation costs.

1. The father meet the costs of [Abe]'s travel and that of any accompanying adult to and from Western Australia as provided for in these orders.
2. For the purposes of arranging the time provided for in these orders, by no later than 28 February in each year, the father provide the mother with written notice of the dates on which he proposes:

(a) [Abe] will travel to Western Australia in the following 12 months;

(b) within 28 days of receipt of the notice from the father, the mother confirm her agreement to the proposed dates of travel; and

(c) the father then book the flights and provide the mother with the flight itinerary upon confirmation of the booking.

1. During the time [Abe] is living with the father, the father facilitate reasonable telephone, Skype or Facetime communication between [Abe] and the mother each Sunday between 3 and 5 pm [Country B] time with such calls to be initiated by the father to the mother's mobile telephone.
2. During the time [Abe] is spending with the mother, the mother will facilitate reasonable telephone, Skype or Facetime communication between [Abe] and the father each Sunday between 3 and 5 pm [Country B] time each week he is with the mother, with such calls to be initiated by the mother to the father's mobile telephone.
3. In the event [Abe] is in the father's care on his birthday, the mother's birthday or Mother's Day, the father do initiate telephone calls, Skype or Facetime to the mother's mobile telephone and the father do permit [Abe] to speak with the mother for no less than 10 minutes of uninterrupted conversation or such lesser time as [Abe] requests.
4. In the event [Abe] is in the mother's care on his birthday, the father's birthday or Father's Day, the mother do initiate telephone calls, Skype or Facetime to the father's mobile telephone and the mother will permit [Abe] to speak with the father for no less than 10 minutes of uninterrupted conversation or such lesser time as [Abe] requests.
5. From the date the father relocates to [Country B], handover do take place at the Perth International Airport with the father to notify the mother of the flight arrival time and terminal at least 7 days before the date of the flight.
6. The parties keep each other informed of any hospitalisation, significant injury or serious health problems suffered and treatment received by [Abe] as soon as practicable.
7. The parties authorise and instruct each educational institution attended by [Abe], to release to each of the parties such information regarding the progress of [Abe] in his education as may be reasonably requested from time to time.
8. The parties authorise and instruct each medical institution attended by [Abe] to release to each of the parties such information regarding [Abe]'s medical and dental health as may be reasonably requested from time to time.
9. Each parent will endeavour to promote [Abe]'s relationships with maternal and paternal family members and other significant persons.
10. The father and the mother each notify the other in writing as soon as practicable of any proposed change in their residential address and/or contact telephone number.
11. The father forthwith provide the mother with full particulars in writing upon him receiving any information suggesting that he may be required to leave [City B] for any reason (other than a holiday)for a period of more than seven days.
12. There be liberty to apply.

I certify that the preceding paragraph(s) comprise the reasons for decision of the Family Court of Western Australia.