BELLAIRE & MANDIC

In the Family Court of Australia, McClelland J considered an application by the mother for permission to travel overseas with the child, B, born in 2008. The father opposed the application.

The central legal issue before the court was whether to grant the mother's request to take the child to Europe for a specified period, and under what conditions. This involved considering the welfare of the child and the need to provide security for the child's return.

McClelland J applied section 65Y of the *Family Law Act 1975* (Cth) to permit the travel, subject to the mother providing a bank cheque for $30,000 to be held in escrow by the Independent Children's Lawyer. This security was intended to ensure the child's return to Australia. The court also made orders regarding the release and subsequent deposit of the child's passport, and stipulated that the mother facilitate regular contact between the child and the father during the period of travel.