Collacci and Collacci

This matter concerned competing applications before Bennett J of the Family Court of Australia. The primary dispute revolved around the wife's application to remove the parties' two children, born in 2006, from Australia for a period between 23 June 2011 and 11 August 2011, and the husband's likely opposition to this.

The court was required to determine whether to permit the wife to remove the children from Australia, and if so, under what conditions. Key issues included ensuring the children's safe return, providing the husband with adequate information about their whereabouts and contact details, and safeguarding the children's passports. The court also considered the husband's right to communicate with the children during their absence and the potential for him to access equity in the former matrimonial home to fund legal expenses if the children were not returned as anticipated.

Bennett J permitted the wife to remove the children from Australia, subject to strict conditions. These included providing the husband with a detailed itinerary of the children's accommodation and contact numbers, and delivering the children's passports to the Registrar upon their return for safe custody. The husband was granted specific telephone contact rights with the children, and the wife was made responsible for ensuring the children's availability for these calls. The court also made provision for the husband to apply for access to equity in the former matrimonial home should the wife fail to return the children within a reasonable time. The parties were also ordered to pursue admission into a supervised contact service centre program.