Hancock and Valenta

This matter concerned an application by the father for permission to travel overseas with the child, [X], born in 2014. The dispute arose between the parents regarding the terms and conditions under which such travel would be permitted. The decision was made by Judge Baker.

The court was required to determine the specific conditions under which the father could remove the child from Australia for overseas travel, including the timing, duration, and necessary assurances to the mother. This involved considering the child's welfare and the parents' respective rights and responsibilities concerning international travel. The court also had to address the provision of security and communication arrangements during the travel periods.

The court's reasoning focused on balancing the father's desire to travel with the child against the mother's need for reassurance and the child's welfare. To facilitate the June/July 2018 travel, the father was permitted to remove the child from Australia for a specified period, subject to stringent conditions. These included providing return airline tickets, a detailed itinerary with accommodation details, and posting a $20,000 security bond to the mother's solicitors. The father was also ordered to provide a mobile contact number upon arrival and ensure regular communication with the mother via video calls or telephone. Compensatory time with the mother was also ordered for any time missed due to the travel. The court further made provision for alternative travel arrangements during the 2018 Christmas school holidays and for future alternate Christmas school holidays and other school holiday periods, with similar, though in some instances less onerous, conditions regarding notification and security. The mother was to retain the child's passport, providing it only for the purpose of booking tickets and to be returned immediately upon the child's return. The father was restrained from applying for a non-Australian passport or citizenship for the child without the mother's agreement or a further court order. The court noted that Australia had been declared the child's habitual residence.