Condamine and Hare

In the matter of *Condamine and Hare*, heard before Murphy J, the dispute concerned the proposed travel of a child, H, born in January 2008, with the father to Adelaide. The mother opposed this travel, and the court was required to determine whether to grant the father permission for this interstate travel and to make orders regarding the child's time with each parent during the upcoming holiday period.

The central legal issue before the court was the welfare of the child, H, in the context of competing parental arrangements. Specifically, the court had to consider the father's request to travel with H to Adelaide and to establish a schedule for H's time with both parents during the Christmas and New Year period. The court also had to determine the appropriate forum for the ongoing litigation.

Murphy J ordered that the father be permitted to travel with H to Adelaide from 26 December 2009 to 4 January 2010. Further orders were made regarding H's time with the father during January 2010, including specific periods in early and mid-January, as well as a period on Christmas Day 2009. The matter was transferred to the Federal Magistrates Court, with a direction that any application by the mother to change the venue from Townsville must be heard in Townsville. The costs of the proceedings were reserved.