Berryman and Jones and Anor (No 2)

This matter concerned an application by Ms Berryman and Mr Jones (the father) regarding their child, C, born in April 2005. The application sought permission for the child to leave Australia and for the requirement of the parents' signatures on passport applications to be dispensed with. The decision was made by O'Reilly J.

The primary legal issue before the Court was whether it had the power to permit a child to leave Australia without the consent of both parents, and to dispense with the requirement for their signatures on passport applications. This involved considering the Court's jurisdiction and the best interests of the child in the context of international travel and parental consent.

O'Reilly J determined that the Court possessed the necessary jurisdiction to make the orders sought. The reasoning centred on the Court's inherent parens patriae jurisdiction, which allows it to act in the best interests of children. In this instance, the Court found that it was in the child's best interests to permit international travel and to facilitate the obtaining of a passport without the need for the consent of both parents, thereby overcoming a deadlock or dispute between them that would otherwise prevent the child from travelling.

The Court ordered that the child C be permitted to leave the Commonwealth of Australia without the written consent of the father, Mr Jones, or the mother, Ms Davis. Furthermore, the requirement for the father’s signature and the mother’s signature on any future passport applications for the child was dispensed with.