This appeal concerned a variation application arising from a custodial parent's proposed relocation of the child to Australia.
The Court held that the party seeking variation must first establish a material change in the circumstances affecting the child, after which the court must conduct a fresh inquiry into the child's best interests without any legal presumption favouring the custodial parent, while giving that parent's views serious respect.
Applying that framework, the Court concluded that the relocation materially affected the child because it would significantly curtail frequent and meaningful contact with the access parent, but the child's best interests still favoured remaining in the custodial parent's care.
The appeal was allowed in part only to vary access so it could be exercised in Canada rather than Australia, with no costs.
