Denis and McPhearson and Ors

This matter concerned an application by the father for permission to take the child, D, from Australia for a holiday in Country E. The application was opposed by the respondents, who included the child's mother and other family members. The court was required to determine whether to grant the father permission to remove the child from Australia, and if so, under what conditions.

The court considered the paramount welfare of the child and the need to balance the father's desire to holiday with his daughter against the respondents' concerns. The legal principles applied involved the court's inherent jurisdiction to make orders for the welfare of children, particularly in relation to international travel. The court also had regard to the provisions of the Family Law Act 1975 (Cth) concerning parental responsibility and the protection of children.

Le Poer Trench J permitted the father to remove the child from Australia for a period not exceeding 15 nights, subject to a strict set of conditions. These included the provision of a written undertaking to return the child, witnessed by his solicitor, and a security bond of $20,000 AUD lodged with the respondent's solicitors. The father was also required to provide flight details, accompany the child on flights, and ensure regular telephone contact with the child for the mother and other specified family members. The order also temporarily suspended the child's name from the Airport Watch List to facilitate the travel. The respondents were ordered to assist in obtaining the child's passport.