Butler and Marte

In the matter of *Butler and Marte*, heard by Justice Cohen, the Applicant Mother sought orders concerning her child, M, born in November 1992. The dispute involved the mother's desire to obtain an Australian passport for M and to travel overseas with her, without the written consent of the Respondent Father.

The court was required to determine whether to grant the Applicant Mother leave to proceed ex parte, and if so, whether to permit her to apply for an Australian passport for M without the father's consent. Furthermore, the court had to consider whether to allow the mother to take M on a holiday to Austria and to ensure M was not placed on an airport watch list for this or any future overseas travel until she reached 18 years of age.

Justice Cohen granted the Applicant Mother leave to have her applications heard ex parte. The court ordered that the mother be permitted to apply to the Australian Passport Office for a passport for M without the father's written consent. The mother was also permitted to take M to Austria for a holiday between 10 December 2009 and 20 January 2010. Crucially, for this holiday and any future overseas travel until M turned 18, M was not to be placed on or remain on the airport watch list. The Respondent Father was ordered to pay the Applicant Mother's costs on an indemnity basis.