ADF Postings and the Effect on your Parenting Arrangements

As a member of the ADF, an important consideration on your parenting arrangement is the effect a posting away from your current location will have on the time you spend with your children. Even if you have not yet been issued with a posting order, the likelihood of receiving a posting at some stage in your career, is a real one that must be considered carefully in light of any parenting arrangements. 

Under the Family Law Act, the paramount consideration for any parenting arrangement is what is in the best interests of the child. In determining what is in the child’s best interests, one of the primary considerations is the benefit to the child of having a meaningful relationship with both parents. Undoubtedly, a posting order will impact the relationship whether you are planning to relocate with your children or away from your children. 

The relatively recent case of Wendland & Wendland [2017] FCCA 2995 (upheld on appeal by the Full Family Court in Wendland & Wendland [2017] FamCAFC 244) provides some useful guidance on what the courts consider in ADF relocation cases. In this case, the Mother was an ADF member and was posted interstate. She was the primary carer for her daughter, and her posting meant she would be required to move away from the child’s Father, a non ADF member. She intended to relocate with the child. The Court carefully considered the circumstances of the Mother’s service and the impact her relocation would have on the relationship between the child and the Father. The Mother was ultimately allowed to relocate with her child even though the relocation would undoubtedly impact on the quality of the relationship between the child and the Father. In weighing up these considerations, the Judge adopted the reasoning from Godfrey & Sanders [2007] FamCA 102 at paragraph 36 that 

“Even if the move results in the diminution of quality of the relationship, what the legislation aspires to is to promote a meaningful relationship, not an optimal relationship.”

ADF service provides unique challenges in Family Law. Postings, deployments and military exercises are some of the issues that need to be factored into parenting arrangements. March On Legal specialises in these types of situations. For a confidential consultation to discuss your unique circumstances, please contact March On Legal for expert advice.