Gueye Sane and Sane Daramy

This case concerned an application by the mother, Ms Gueye Sane, for interim orders permitting her to travel with the parties' four children to Country F in Central Africa between 17 December 2012 and 16 January 2013. The father, Mr Sane Daramy, opposed this application, asserting that the mother was a flight risk and might not return the children to Australia. The matter was heard in the Family Court of Australia by Watts J.

The primary legal issue before the court was whether to grant the mother permission to take the children overseas for a holiday, despite the father's concerns about her potential to abscond with them. This involved assessing the risk of the children being retained in Country F, the mother's intentions and ties to Australia, and the father's ability to maintain contact with the children during their absence. The court also had to determine appropriate interim arrangements for the father's time with the children in Australia and for communication between the father and children while they were overseas.

Watts J reasoned that while there was a risk of the mother not returning the children, it was not a significant one, particularly given her confirmed employment in Australia and a new lease on her home. The court noted the mother's sworn evidence that she had no intention of remaining overseas and considered that if she were to relocate, it would likely be to a country where the Hague Convention applied. To mitigate the risk, the court ordered that the mother provide a signed transfer of ownership of her motor vehicle as security for the children's return. The court also made orders for the father's time with the children in Australia and for twice-weekly telephone or Skype communication between the father and children while they were in Country F.