Event and Time
Event Description
- Case: Denham & Newsham (Family Law)
- Date: Original orders were made on April 23, 2020, with the appeal filed on May 20, 2020.
Application and Claims
- Parties: Mr. Denham (father) and Ms. Newsham (mother).
- Claim: The mother sought permission to relocate the child, X, to live predominantly in Belgium.
- Father's Position: Opposed the mother's request for relocation, arguing it would hinder his ability to maintain a meaningful relationship with the child.
Judicial Decisions
1. Application to adduce further evidence allowed. 2. Appeal allowed; previous orders set aside. 3. The case was remitted for rehearing before a different judge. 4. Interim parenting orders established for the child's time with the father pending rehearing.
Dispute Points and Legal Basis
Dispute Points
- Father's Claims:
- Argues the relocation would severely impact his relationship with the child. - Contends that the primary judge wrongly assumed the ability for free travel across borders, particularly in light of the COVID-19 pandemic. - Requests that the proceedings be remitted for a new hearing rather than re-exercising the original order.
- Mother's Claims:
- Argues that the relocation is in the best interests of the child, citing her emotional and financial stability. - Acknowledges some of the father's concerns but believes they can maintain a meaningful relationship even with the child living in Belgium. - Does not contest the admission of further evidence related to the impact of travel restrictions due to the pandemic.
- Third-Party Evidence:
- Prior expert assessments from Dr. Q, stating the child should largely remain with the mother, and recommending that a relocation should only occur when the child is older.