Charles and Hughes

This matter concerned an application by the father for permission to remove the child, C, from Australia for an overseas holiday between 18 December 2016 and 10 January 2017. The dispute arose between the child's parents regarding the proposed travel. The decision was made by Foster J.

The court was required to determine whether to grant the father's application to remove the child from Australia, considering the relevant provisions of the Family Law Act 1975 (Cth), particularly section 60CC, which outlines the considerations for the best interests of the child. This involved weighing various factors, including the child's views, the nature of the relationships with each parent and other persons, the parents' past involvement in the child's life, and the practicalities of maintaining contact.

In reaching its decision, the court applied the considerations set out in section 60CC(3) of the Family Law Act 1975 (Cth), giving greater weight to the consideration of the nature of the relationship of the child with each of her parents and other persons. The court also considered the practical difficulty and expense of communication, the capacity of each parent to provide for the child's needs, and the child's maturity and background. The court's reasoning led to the conclusion that the proposed overseas holiday was in the child's best interests, subject to specific conditions designed to facilitate communication and ensure the child's welfare during the trip.

The court ordered that the father be permitted to remove the child from Australia for the specified holiday period. Further orders were made to facilitate the child's travel, including requirements for the father to provide flight and accommodation details to the mother. The mother was permitted to provide the child with a mobile phone for communication, and the father was ordered to afford the child privacy in her communications. The court also made orders regarding the handover of the child and dismissed all other interim applications.