FROST & FROST

In *Frost & Frost*, the mother sought permission to travel overseas with the parties' two children, B and C. The father opposed this application. The matter came before Watts J in the Family Court of Australia.

The central legal issue was whether the mother should be permitted to travel internationally with the children, and if so, under what conditions. This involved balancing the mother's desire to travel with the children against the father's concerns regarding their welfare and return to Australia.

Watts J reasoned that allowing the children to travel with the mother was in their best interests, provided appropriate safeguards were in place. The court applied principles relating to international child relocation, focusing on ensuring the children's habitual residence was not disrupted without proper provision for their return. The court ordered that the children could travel with the mother to Japan and other Hague Convention signatories for up to 10 weeks per year.

To ensure the children's return, the court stipulated that their passports would be held by the Registrar, to be released upon the mother providing notice to the father and lodging security. The mother was required to give the father 21 days' written notice of travel, including a detailed itinerary. Furthermore, she was ordered to lodge $10,000 in a solicitor's trust account 21 days prior to any travel. This sum was to be available to the father to facilitate the children's return should the mother remain out of Australia for more than 14 days beyond her scheduled return date. The mother was also solely responsible for obtaining the children's passports.