In August 2021 the Court in the case of Denham & Newsham [2021] decided in relation to a child custody matter that a parent could not relocate with their 3-year old son to Belgium. A prior decision in February 2020 (before the COVID-19 pandemic fully began) could not have contemplated the health disaster that would unfold and at the time there were no restrictions on travel between the two countries. The original decision included the provision for the non-relocating parent to travel to Belgium three times each year and that the child would return to Australia during the Australian summer each year, the Court finding that such arrangements would maintain a meaningful relationship between the non-relocating parent and child.
The appeal was based upon the single expert psychologist’s recommendation that relocation not occur, or if it did, that it occur when the child was “much older” and the non-relocating parent’s evidence at trial that the costs of travel were not affordable; and that the orders did not contemplate the logistics associated with the Covid-19 pandemic.
Child custody issues encountered in family law matters require expert advice. Matthews Folbigg has a team of experienced family law lawyers, divorce lawyers and child custody lawyers that are well-equipped to assist. If you would like to discuss a child custody issue with one of our child custody lawyers, please do not hesitate to contact us on 02 9635 7966 or email us at famlaw@matthewsfolbigg.com.au You will also find various contact options through our website at https://www.matthewsfolbigg.com.au/contact/
