Geary and Geary

In the matter of *Geary and Geary*, heard by Judge Monahan, the dispute concerned the ability of the parents to travel internationally with their two children, born in 2008 and 2011. The court was asked to make orders regarding the removal of the children from the Family Law Watchlist and to permit international travel under specific conditions.

The court was required to determine the conditions under which each parent could travel with the children outside of Australia. This included establishing requirements for notice, destination countries, travel documentation, and the use of GPS tracking devices. Further issues involved the circumstances under which parents would be restrained from travelling to certain countries, and specific provisions relating to the father's travel, including the deposit of a substantial bond. The court also addressed the management and renewal of the children's passports.

The court's reasoning focused on balancing the parents' desire to travel with the children against the need to protect the children and ensure their return to Australia. To this end, the court applied provisions of the *Family Law Act 1975* (Cth), including Section 65Y, to permit travel subject to stringent conditions. These conditions included requiring travel to Hague Convention member states, providing extensive notice and itinerary details, and furnishing proof of return travel. The court also imposed restrictions on travel to countries with high travel advisories and mandated GPS tracking. Specific to the father, a significant bond was required to be lodged with the court, to be released upon confirmation of the children's safe return, with provisions for its release to the mother in certain circumstances. The court also ordered that the children's passports be held by the court registry except when required for approved travel.

On a final basis, the court ordered the removal of the children from the Family Law Watchlist. It permitted international travel with the children by either parent, subject to a comprehensive set of conditions detailed in the orders, including notice periods, destination restrictions, and the provision of travel documentation. The court also made specific orders regarding the father's travel, including the deposit of a $50,000 bond, and mandated that the children's passports be held by the Federal Circuit Court registry, to be released only for approved travel. The court also ordered the discharge of the Independent Children’s Lawyer and dismissed all extant applications.