Friswell and Knowles

In the matter of *Friswell and Knowles*, heard before Judge Scarlett, the dispute concerned an application by the father, Mr Knowles, for permission to take the child, X, born in 2002, out of Australia to a specified country. The mother, Ms Friswell, was the respondent in this application.

The primary legal issue before the court was whether to grant the father permission to remove the child from Australia, and if so, under what conditions. This involved considering the provisions of section 65Y(2)(b) of the *Family Law Act 1975* and the implications for the child's international travel, including the issuance of an Australian passport without the mother's consent, pursuant to section 11 of the *Australian Passports Act 2005*.

Judge Scarlett ordered that the father be permitted to take the child out of Australia to the specified country until further order, with the condition that the child must be returned to Australia no later than 20 June 2016. The court also permitted the child to travel internationally as provided by section 11(1)(b) of the *Australian Passports Act 2005*, authorising the father to apply for an Australian passport for the child under section 11(4)(b) of that Act without the mother's consent. The father's applications filed on 1 July 2015 and 21 August 2015 were dismissed, and the matter was adjourned for mention.