Felber and Felber

In *Felber & Felber*, the Family Court of Australia considered an application by Ms Felber (the wife) to discharge orders made in 2003 that prohibited the children, D and N Felber, from being removed from Australia and required their names to be placed on an airport watch list. The wife sought these orders to allow the children to travel internationally, particularly for D to travel to Japan for school purposes. Mr Felber (the husband) initially agreed to the children travelling to Japan for a specific period but wished for the watch list orders to remain in place on an ongoing basis.

The primary legal issue before the Court was whether the existing orders prohibiting the children's international travel and requiring their inclusion on an airport watch list should be discharged, having regard to the children's best interests. This involved assessing the risk of the children not returning to Australia if permitted to travel internationally, and considering the various factors outlined in section 60CC of the *Family Law Act 1975* (Cth).

Justice Cronin reasoned that the husband's original fear of the wife taking the children to Poland was based on a statement made prior to the parties' separation when the children were very young, and that this fear was no longer substantiated. The Court noted the significant age of the children, with D approaching 18, and found that the wife and children had strong ties to Australia, with no apparent motive for them not to return. Applying the principles from *Line & Line*, the Court found a low risk of non-return. Furthermore, the Court considered the children's best interests paramount, as mandated by section 60CA of the Act, and determined that allowing international travel would enable the children to experience their culture and extended family, thereby fostering a meaningful involvement in their lives.

Consequently, the Court ordered the discharge of the paragraphs of the 2003 orders that prohibited the children's removal from Australia and required their names to be maintained on the airport watch list. The Court also ordered notification to the Australian Federal Police of this removal. The application and response were otherwise dismissed, with particulars of the obligations and consequences of the orders detailed in an attached Fact Sheet.