ALIGANTE & WAUGH

In the matter of *ALIGANTE & WAUGH*, heard before Stevenson J, the dispute concerned an application by the father seeking orders to restrain the mother from removing the child, J, from Australia for travel to Japan.

The central legal issue before the court was whether the proposed international travel by the mother with the child would be contrary to the child's welfare and best interests, necessitating the imposition of a restraining order.

Stevenson J considered the relevant principles under the *Family Law Act 1975* (Cth) concerning the welfare of children and the court's power to make orders preventing their removal from Australia. The judge's reasoning focused on assessing the potential risks and benefits associated with the proposed travel, weighing the mother's desire to travel against the father's concerns and the child's overall well-being.

The court ordered that the mother be restrained from removing the child J from Australia for the purpose of travel to Japan.