Carver & Hahn

In the matter of *Carver & Hahn*, Cronin J of the Family Court of Australia considered an application by the wife for permission to remove the child, M, to Canada pending the final hearing of all parenting issues. The husband sought to oppose this removal.

The central legal issue before the court was whether to grant the wife's application for the child's international relocation. This required the court to balance the wife's desire to relocate with the child against the husband's parental rights and the child's best interests in maintaining a relationship with both parents.

Cronin J refused the wife's application to permanently remove M to Canada pending the final hearing. However, the court permitted the wife to travel internationally with M to Canada for two distinct periods: one of six weeks commencing from 18 July 2014, and another of up to two months from late November 2014. The wife was ordered to provide seven days' notice to the husband's solicitors of her intended departure dates for these trips. The court also made consent orders regarding the husband's time with M in Australia, and stipulated that if M was in Canada, the parties would agree on the husband's time with M. The applications filed by the parties were dismissed.