GRANT & GRANT

In the matter of GRANT & GRANT, Berman J considered applications by both the husband and wife concerning interim parenting orders for their two children, B and C. The husband sought orders for the parties' four-year-old daughter, C, to spend overnight time with him, which the wife opposed, arguing the child would not cope with separation, despite the child already spending substantial weekend time with the father. The wife, an American citizen, sought leave to take the children to the United States of America and Country D for the Christmas 2017 holidays, which the husband opposed.

The court was required to determine whether it was in the best interests of the children, pursuant to section 60CC of the *Family Law Act 1975* (Cth), to grant the husband's application for overnight time with C and to grant the wife's application for international travel with both children. The court also had to consider the evidence of the family consultant regarding C's capacity to cope with overnight stays.

Regarding C's overnight time, the court considered the family consultant's evidence but ultimately found it to be in the child's best interests to spend overnight time with the husband. In relation to international travel, the court balanced the children's interest in maintaining a meaningful relationship with the wife's family against their relationship with the husband, noting that both the United States of America and Country D are Hague Convention countries. The court allowed the wife's application for international travel.

The court ordered the discharge of previous parenting orders and established equal shared parental responsibility for B and C. The children were to live with the wife and spend time with the husband on specific days and alternate weekends, with detailed provisions for B's time. The wife was granted leave to remove the children from Australia for twenty-one days during December 2017 and January 2018, to travel only to the United States of America and Country D, and was required to provide the husband with an itinerary, accommodation details, and return flights within thirty days of her intended travel date.