Canvil and Merle

This matter concerned an application by the mother for permission to remove the children, L and F, from the Commonwealth of Australia for a holiday. The father was the respondent to the application. The decision was made by Hogan J in the Family Court of Australia.

The primary legal issue before the court was whether to grant the mother's request to take the children overseas, and if so, under what conditions. This involved considering the children's best interests in the context of international travel and the existing parenting arrangements.

Hogan J ordered that the mother be permitted to remove the children from Australia for a holiday not exceeding four weeks, to occur in June/July 2016 during the children's school holidays. Specific conditions were imposed to ensure the father was adequately informed and able to maintain contact with the children. These included providing written notice of travel dates, destinations, and accommodation details at least thirty days prior to departure, and supplying a detailed itinerary, including contact numbers, at least fourteen days before travel. The children's time with their father was to be suspended during their absence. The court also ordered the release of the children's passports to the mother for the purpose of travel, with a requirement for their return to the court registry within seven days of their arrival back in Australia, to be held pending further order or mutual consent. Furthermore, the mother was directed to facilitate communication between the children and the father via Skype or telephone at least twice per week while the children were overseas. The orders also included a fact sheet detailing the obligations and consequences of contravention, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth).