Claudette Bled

In this family law trial, the mother sought to relocate the parties' thirteen-year-old child to India and requested sole decision-making authority, while the father sought to set aside their 2018 separation agreement, obtain sole or shared decision-making, and block the relocation.

The court upheld the parenting provisions of the separation agreement, finding that the father signed it voluntarily and understood its terms.

Applying the best interests of the child framework under the Children's Law Reform Act, the court determined that relocating to India would benefit the child's education and allow him to be supported by extended family.

Consequently, the court granted the mother's relocation request, awarded her sole decision-making authority, and established a structured parenting schedule for the father.

The respondent father brought a motion to vary a temporary consent order to expand his access to his two-year-old child and remove the condition of supervision.

The applicant mother opposed the motion, relying on an Office of the Children's Lawyer (OCL) report recommending that access remain supervised.

The court considered the OCL report and supervised access notes, finding that while there was a material change in circumstances due to the father's consistent access, transitioning to unsupervised access was not in the child's best interests at this time due to ongoing concerns about the father's behaviour during visits.

The motion was dismissed.