Friscioni & Friscioni (No. 3)

In *Friscioni & Friscioni (No. 3)*, heard before Moore J of the Family Court of Australia, the father sought a stay of orders permitting the mother to relocate with the parties' ten-year-old daughter to the Czech Republic, pending his appeal against those orders.

The central legal issue before the court was whether to grant a stay of the relocation orders to allow the father to pursue his appeal. This involved considering the balance of convenience and the potential prejudice to the parties and the child should the stay be granted or refused.

His Honour dismissed the father's application for a stay of the relocation orders, subject to the mother providing undertakings to the court. These undertakings included her agreement to return the child to Australia if the father's appeal was successful and if ordered by the court. The court also imposed a temporary stay on the relocation order until a specific date to enable the father to lodge an appeal against the refusal of the stay. The mother's application for costs was adjourned pending the outcome of any appeal.