BAKKER & RALSTON

In the matter of BAKKER & RALSTON, Watts J of the Federal Circuit Court of Australia made orders concerning the welfare and travel arrangements of a child. The dispute involved the mother's desire to travel to Europe with the child and the father's concerns regarding this travel, as well as the child's enrolment in a school.

The court was required to determine whether to permit the mother to travel to Europe with the child for a period of three weeks during the European summer of 2016, and under what conditions. Additionally, the court considered the enrolment of the child at MB School for kindergarten in 2016. The court also addressed the father's communication rights and the father's spend time orders during the mother's proposed travel.

Watts J ordered that the parties take all necessary steps to enrol the child at MB School for kindergarten in 2016, subject to further order. The mother was permitted to travel to Europe for three weeks, provided she supplied the father with travel details at least 28 days prior to departure, or within 24 hours of ticket issuance if issued later. The travel was to coincide with school holidays where possible. Crucially, the mother was required to provide an unregistered mortgage of $50,000 against a property to the father 21 days prior to travel, allowing him to lodge a caveat. This mortgage and caveat would be returned upon the mother's return with the child, unless the mother failed to return within seven days of the due date, in which case the father could register the mortgage. The father was to have specific communication with the child during the mother's travel, and the father's spend time orders were suspended. Missed time was to be compensated with makeup time within six weeks of the child's return. The parties were also ordered to jointly consult a Dr V regarding the risks of the child travelling internationally. The orders incorporated a Fact Sheet detailing obligations, consequences of contravention, and assistance resources.