Burton and Churchin and Ors

In the matter of *Burton and Churchin and Ors*, heard before Watts J, the dispute concerned an application by Ms Churchin (the first Respondent) for permission to remove the child, C, from Australia for a family holiday in France between approximately 22 June 2012 and 14 July 2012. Ms Burton (the Applicant) sought to place conditions on this permission.

The court was required to determine whether to grant the first Respondent's request to take the child overseas and, if so, what conditions should be imposed to safeguard the child's welfare and the Applicant's parental rights during the period of travel and the child's absence from Australia.

Watts J reasoned that the proposed holiday was a reasonable request for the child's benefit and that the risks associated with international travel could be mitigated by specific orders. The court applied principles relating to the welfare of the child and the importance of maintaining the child's relationship with both parents. Consequently, the court made orders permitting the child's travel, stipulating that the child would be accompanied by the first Respondent or a suitable family member or companion known to the child and accepted by the Applicant. Further conditions were imposed regarding the route of travel, ensuring the child travelled via direct routes and through Hague Convention signatory countries where possible. The court also ordered that the first Respondent facilitate the child's communication with the Applicant and the child's sister by electronic means. The orders also included a fact sheet detailing the obligations and consequences of contravention, pursuant to sections 65DA(2) and 62B of the relevant legislation.