BERTRAM & THORPE

In the matter of *Bertram & Thorpe*, Judge Scarlett of the Family Court of Australia considered an urgent application by the father concerning parenting orders for the parties' two children, X and Y. The dispute arose from the father's proposal to take the children overseas on 26 December 2014, which required a variation of existing orders.

The court was required to determine whether to suspend or vary the existing parenting orders to permit the father to take the children overseas and to make consequential arrangements for the children's time with both parents, including overseas travel for the mother. The central legal issue was how to balance the father's desire for overseas travel with the children's welfare and the existing parenting arrangements.

Judge Scarlett applied the principle that courts should adopt a minimalist approach when making parenting orders, intervening only when it advances the welfare of the children. The court reasoned that the proposed overseas travel by the father was in the children's best interests and that the existing orders needed to be adjusted to accommodate this. The court also permitted the mother to spend time with the children overseas, provided they were returned to Australia by a specified date.

The court made several orders, including suspending a specific part of an earlier order, detailing the children's time with the father, permitting the father to take the children overseas from 26 December 2014, and allowing the mother to take the children overseas with a requirement for their return by 25 January 2015. The orders also stipulated that the accompanying parent must travel with the children and allocated responsibility for travel and accommodation costs between the parents.