EDGERTON & RICKARD

In the matter of *Edgerton & Rickard*, heard by Judge Scarlett, the applicant mother sought sole parental responsibility for the child and leave to apply for an Australian passport for the child without the father's consent. The child, who has special needs, was not present in Australia, residing with the mother in another country. The father opposed the application.

The court was required to determine whether it had jurisdiction to hear the application given the child's absence from Australia, and if so, whether it was in the child's best interests to grant the mother sole parental responsibility and permit her to apply for an Australian passport without the father's consent. A further issue was the interpretation of "travelling internationally" within the *Australian Passports Act 2005* (Cth).

Judge Scarlett found that the Federal Circuit Court possessed jurisdiction to hear the application, notwithstanding the child's physical location outside Australia, as the child was an Australian citizen. The court interpreted "travelling internationally" to encompass travel both from Australia to a foreign country and from a foreign country to Australia. Applying the paramount consideration of the child's best interests, the court determined that it was appropriate to grant the mother sole parental responsibility and permit her to apply for the passport.

Consequently, the court ordered that the applicant mother have sole parental responsibility for the child and be permitted to apply for an Australian passport for the child without the father's consent. The application was adjourned for mention only.