FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Doyle & Baldini [2025] FedCFamC2F 1019
File number(s): SYC 1424 of 2024 Judgment of: JUDGE ELDERSHAW Date of judgment: 16 May 2025 Catchwords: FAMILY LAW – Application to remove children from the Airport Watchlist – Application to take the children on an overseas holiday – Where the mother seeks to take the Children to a non-Hague Convention country – Where the mother is not a flight risk and has significant ties to Australia- where the Independent Children’s Lawyer went above and beyond the call of her duty by explaining the orders to the children outside of normal business hours – where the Independent Children’s Lawyer went above and beyond the call of her duty by making her firm’s trust account available to the parties for the purpose of depositing and retaining a surety during the pendency of the overseas travel Legislation: Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 65Y, 69ZL Cases cited: Adamson & Adamson [2018] FamCA 523
DeLuca & Farnham [2019] FamCAFC 100
Goode & Goode (2006) FLC 93-286
Kuebler & Kuebler (1978) FLC 90-434
Line & Line (1997) FLC 92-729
Division: Division 2 Family Law Number of paragraphs: 87 Date of hearing: 16 May 2025 Place: Sydney Applicant: In person by Webex Solicitor for the Respondent: Ms Nadeem (Chidiac Legal Pty Ltd) Solicitor for the Independent Children's Lawyer: Ms Mason (Mason Mia & Associates) ORDERS
SYC 1424 of 2024 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR DOYLE
Applicant
AND: MS BALDINI
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE ELDERSHAW
DATE OF ORDER:
16 MAY 2025
THE COURT ORDERS THAT:
1.Subject to her performance of Order 2 herein, the mother be permitted to cause X born in 2012 and Y born in 2014 (the children) to be removed from the Commonwealth of Australia to travel to Country C, specifically to Country C, for the purpose of a holiday from 19 May 2025 to 29 May 2025 inclusive.
2.By not later than 12:00pm on 19 May 2025, the mother shall pay a bond of $10,000 into the trust account of the Independent Children’s Lawyer by way of a surety, with such funds to be released on 10 June 2025 to the father if the mother does not cause the children to be returned to Australia in accordance with these Orders but otherwise to the mother’s legal representative.
3.The Australian Federal Police be directed to remove the names of the children X born in 2012 and Y born in 2014 from the Family Law Airport Watch List in force at all points of arrival and departure in the Commonwealth of Australia.
4.The Independent Children’s Lawyer is directed to explain the effect of today’s orders to the children at her earliest convenience.
5.Each parent is restrained from identifying to the children the outcome of the mother’s application to travel with them to Country C until after the Independent Children’s Lawyer confirms to them…
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- [2025] FedCFamC2F 1019
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CaseChat Overview and Summary
The court found that the mother did not pose a flight risk and had significant ties to Australia. The Independent Children’s Lawyer had gone above and beyond her duties by explaining the court’s orders to the children and facilitating the deposit of a surety into her firm’s trust account. The court also noted the importance of informing the children about the court’s orders in a timely manner. Given these considerations, the court decided to allow the mother to take the children on the holiday while imposing conditions such as the payment of a bond and restrictions on the parents disclosing the outcome of the application to the children until the Independent Children’s Lawyer had explained the orders to them.
The court made several orders to facilitate the travel while ensuring the children’s safety. It permitted the mother to take the children on the overseas holiday, removed the children from the Airport Watchlist, and directed the Independent Children’s Lawyer to explain the orders to the children. Additionally, the court imposed a bond of $10,000 and restrained the parents from informing the children about the court’s decision until the Independent Children’s Lawyer had explained the orders. The court also dismissed other parts of the mother’s application and set a date for further case management. The parties were granted liberty to file consent orders with Chambers under certain conditions.
The final orders included the permission for the mother to take the children on the overseas holiday, the removal of the children from the Airport Watchlist, and the payment of a bond by the mother. The court also imposed restrictions on the parents regarding the disclosure of the court’s decision to the children. The orders were subject to specific conditions and timelines, with further case management set for July 2025.
Orders
Orders of the court
SYC 1424 of 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR DOYLE
Applicant
AND:
MS BALDINI
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE ELDERSHAW
DATE OF ORDER:
16 MAY 2025
THE COURT ORDERS THAT:
1. Subject to her performance of Order 2 herein, the mother be permitted to cause X born in 2012 and Y born in 2014 (the children) to be removed from the Commonwealth of Australia to travel to Country C, specifically to Country C, for the purpose of a holiday from 19 May 2025 to 29 May 2025 inclusive.
2. By not later than 12:00pm on 19 May 2025, the mother shall pay a bond of $10,000 into the trust account of the Independent Children’s Lawyer by way of a surety, with such funds to be released on 10 June 2025 to the father if the mother does not cause the children to be returned to Australia in accordance with these Orders but otherwise to the mother’s legal representative.
3. The Australian Federal Police be directed to remove the names of the children X born in 2012 and Y born in 2014 from the Family Law Airport Watch List in force at all points of arrival and departure in the Commonwealth of Australia.
4. The Independent Children’s Lawyer is directed to explain the effect of today’s orders to the children at her earliest convenience.
5. Each parent is restrained from identifying to the children the outcome of the mother’s application to travel with them to Country C until after the Independent Children’s Lawyer confirms to them both by email that she has explained the effect of today’s orders to them.
6. Order 1 and 2 of the mother’s Application in a Proceeding filed 6 May 2025 and the father’s Response to the Application in a Proceeding filed 15 May 2025 are otherwise dismissed.
Balance of Application in a Proceeding filed 6 May 2025
7. Orders 3 to 11 inclusive of the mother’s Application in a Proceeding filed 6 May 2025 be adjourned for case management only to the Compliance and Readiness Hearing before her Honour Judge Eldershaw at 12:00pm on 7 July 2025 by Webex.
8. By 4:00pm on 30 June 2025, the father is to file and serve a Response to Orders 3 to 11 of the mother’s Application in a Proceeding and such affidavit evidence on which he intends to rely in respect of such Response.
Liberty to File Terms
9. The parties are otherwise at liberty to write to Chambers at …@... with proposed consent orders and to vacate the next Court event provided the Consent Orders are filed with Chambers containing:
(a) One scanned copy of the Orders signed and dated by all parties on each page;
(b) A clean, unprotected, word version of the Orders being sought, in exactly the same terms as the signed document; and
(c) For final parenting orders, certifications by each party, or if represented by a lawyer, the party’s legal representative, in an annexure to the proposed consent Orders as required by rule 10.05 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
THE COURT NOTES:
A. The children are booked to depart Sydney Kingsford Smith Airport on … at … on 19 May 2025 arriving City E at … that evening; and return from City E Airport on … at … on 28 May 2025 arriving into Sydney Kingsford Smith Airport at … on 29 May 2025.
B. The children will be staying at “[…]” accommodation in Country C for the duration of the holiday.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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