Haykal and Krawiec (No 2)

In the matter of *Haykal and Krawiec (No 2)*, Johnston J of the Family Court of Australia considered an application by the Father concerning his children, S Haykal and N Haykal. The dispute centred on the children's proposed overseas travel with their Mother, and the associated conditions and restrictions.

The primary legal issues before the Court were whether the Father's applications should be dismissed, whether the children should be permitted to travel overseas with the Mother, and what conditions should be imposed on such travel, including financial security, the holding of passports, and restrictions on destinations. The Court also had to consider the release of the children's Australian passports and their removal from the Australian Federal Police Airport Watchlist.

Johnston J dismissed the Father's applications. The Court ordered that the children be permitted to travel overseas with the Mother from 15 January 2012 to 30 January 2012. Crucially, the Mother was required to lodge $20,000.00 in her solicitor's trust account, to be held pending further order or the children's return. Upon return, the children's passports were to be lodged with the Registry Manager of the Family Court in Sydney, to be released only with the written consent of both parties or by further court order. The Mother was also restrained from taking the children to Poland and from removing them to any country other than Saudi Arabia, the United Arab Emirates, and the United Kingdom. The Court further ordered the Australian Passport Office to issue and release the children's Australian passports to the Mother within 24 hours and for their names to be removed from the Australian Federal Police Airport Watchlist for the purpose of overseas travel.