Dutney and Chasper

In the matter of *Dutney and Chasper*, O'Reilly J of the Family Court of Australia considered an application by the mother for permission to travel overseas with the child, born in October 2005. The father had not consented to the child leaving the Commonwealth of Australia. The dispute concerned the mother's desire to take the child on two separate holiday trips to Malaysia, with specific dates proposed for each occasion.

The primary legal issue before the court was whether to grant the mother permission to travel internationally with the child, notwithstanding the father's lack of consent. This required the court to consider the best interests of the child in the context of international travel and the father's parental rights. The court also had to determine appropriate conditions to ensure the child's return to Australia and to safeguard the father's interests.

O'Reilly J reasoned that the proposed travel was for holiday purposes and that the mother had demonstrated a commitment to returning the child to Australia by proposing specific return dates. To address the father's concerns and ensure the child's return, the court ordered that the mother be permitted to travel with the child on the specified dates, provided that security of $20,000 was lodged with the mother's solicitors for each occasion of travel. The court further ordered the removal of the child's name from the Airport Watch List and the PACE alert, the release of the child's passport to the mother's solicitors, and the re-lodgement of the passport with the court within seven days of the child's return after each trip. Upon re-lodgement, the security was to be released to the provider.