GORDON & WESTMEAD

The Family Court of Australia considered an application by Mr Gordon ("the Father") against Ms Westmead ("the Mother") concerning interim parenting arrangements for their child, K. The dispute arose within substantive proceedings where the Father sought orders for the child to live with him, while the Mother sought orders permitting her to relocate the child to the United States of America. A key interim issue was whether the Mother should be permitted to travel with the child to the USA for the Christmas period, and whether conditions sought by the Father should be imposed on such travel.

The court was required to determine the interim parenting arrangements for the child, specifically addressing the Mother's request to travel with the child to the USA. This involved assessing the likelihood of the Mother remaining in the USA with the child, and considering the potential implications of any such action under the Hague Convention on the Civil Aspects of International Child Abduction. The court also had to consider the disputed facts presented in the parties' affidavits, without the benefit of cross-examination, and apply the principles outlined in *Goode v Goode* regarding the legislative pathway for interim parenting cases.

The court's reasoning focused on the best interests of the child, acknowledging the significant factual disputes between the parties. It noted that the Mother, a US citizen, had a professional career in Australia, while the Father, an Australian citizen, had a history of criminal convictions in the USA and had recently been offered employment. The court considered the parties' past intentions regarding relocation to the USA and the Mother's previous travel to the USA with the child, observing that she had always returned. The court ultimately made interim orders that the child live with the Mother, with equal shared parental responsibility and specific time arrangements for the Father. The Mother was permitted to travel with the child to the USA from 26 December 2011, with the child to return by 23 January 2012, subject to detailed conditions regarding notification, contact, and the removal of the child from airport watchlists.