U v U

HIGH COURT OF AUSTRALIAGLEESON CJ,GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJU  APPELLANTANDU  RESPONDENTU v U[2002] HCA 365 September 2002S256/2001ORDERAppeal dismissed.On appeal from the Family Court of AustraliaRepresentation:M D Broun QC for the appellant (instructed by Russell McLelland Brown)P L G Brereton SC with E T Boyle for the respondent (instructed by James Richardson)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSU v UFamily law – Children – Parenting orders – Residence orders – Contact orders – Place of residence of child when one parent wishes to relocate to another country – Proposals of parents about residence of child of marriage and contact with child – Wife's wish to return to country of origin – Wife applies for permission to leave Australia with child – Whether wife should be permitted to remove child from Australia – Wife acknowledged that she would remain in Australia if her return to her place of origin would result in order for child to reside with father – Best interests of child paramount consideration.Family Court – Practice and Procedure – Children – Parenting orders – Residence orders – Contact orders – Proposals of parents – Whether powers or discretion of Court confined by proposals of parents.Family Law Act 1975 (Cth), s 65E.GLEESON CJ.   I agree that the appeal should be dismissed for the reasons given by Gummow and Callinan JJ.  I also agree with the observations of Hayne J.GAUDRON J.   The appellant...