Charmers and Burnett

In the matter of Charmers and Burnett, Tree J considered an application to amend existing orders concerning the travel of children overseas. The dispute arose between the Mother and the Father regarding the terms under which the Mother could take the children to Country B for holidays.

The primary legal issue before the court was whether to amend existing orders to permit the Mother to travel with the children to Country B, and if so, under what conditions. Specifically, the court had to determine the appropriate notice period required for such travel and the consequences of failing to provide that notice.

Tree J reasoned that the existing orders needed modification to provide clarity and certainty regarding international travel. The court amended order 11 to require the Mother to provide the Father with two months' written notice of her intention to travel with the children to Country B. This notice would permit travel during the Christmas school holidays of 2019, or alternatively, for a period of no more than four weeks to include the whole of the June/July school holidays in 2019 and each subsequent odd-numbered year. Order 12 was also amended to specify that if the required notice was not given, the children would reside with each parent during the Christmas/New Year or June/July holiday periods as agreed, or in accordance with paragraph 10(a) of the original orders if no agreement was reached. The court dismissed the application in a case filed on 8 November 2019 and the response filed on 25 November 2019, save for the amendments made to orders 11 and 12.