The recent Case of Rosa & Rosa [2009] FamCAFC81 highlights the importance which the Courts put on the ability of a parent to facilitate and promote a positive relationship with the other parent.

In this case the mother wanted to relocate with the 5 year old child from a remote area of North West Queensland to Sydney.  The family had moved from Sydney to that location only about a year before the trial.

The father opposed the relocation of the child and wanted the interim arrangement whereby the child lived with each parent week about to continue.

The father was the primary breadwinner and the mother had been the primary caregiver.

The father was successful in that the Court ordered that the child spend time with each parent week about.  The Court went further and ordered that in the event the mother relocated to Sydney then the child should live with the father and spent time with the mother.

The mother unsuccessfully appealed that decision.

In this case the Court put considerable emphasis on the ability of the mother to recognize, facilitate and support the important relationship between the child and her father.  While the Court made positive comments about both parent’s relationship with the child and their ability to parent it made numerous comments about its concern that the mother and members of her family did not appreciate the significance of the father’s role. 

The case highlights the importance which the Courts place on parents being positive and supportive of the other parent’s role in their child’s life.

To read the case: http://www.austlii.edu.au/au/cases/cth/FamCAFC/2009/81.html