Horton & Horton (No.2)

In *Horton & Horton (No.2)*, Justice Cronin of the Family Court of Australia considered an application by the husband concerning his child, M. The proceedings involved complex arrangements for international travel and the appointment of a case guardian for the wife. The court also dealt with the striking out of an affidavit filed by the husband and the suspension of certain prior orders.

The primary legal issues before the court included the conditions under which the husband could take the child M out of Australia, the process for obtaining a passport for the child without the mother's consent, and the appointment of a case guardian for the wife. The court was also required to determine the fate of the husband's application filed on 6 July 2007 and to address the husband's affidavit filed on the day of the hearing.

Justice Cronin reasoned that the husband should be permitted to take the child M out of the Commonwealth for international travel between specific dates, subject to stringent conditions. These conditions included providing detailed travel information, including airline tickets and an itinerary for Thailand, to the Independent Children’s Lawyer, the Director-General of the Department of Community Services, and the wife's solicitor. The court also ordered the suspension of paragraph 17 of previous orders made by Justice Bennett and permitted the Minister to issue a passport for the child to the husband pursuant to section 11 of the *Australian Passports Act 2005* (Cth). Furthermore, the court ordered the appointment of a case guardian for the wife, initially to be nominated by her solicitors, subject to agreement or determination by Justice Cronin. The husband's affidavit filed on the day of the hearing was struck out, and his application filed on 6 July 2007 was otherwise dismissed. The court also scheduled a further hearing and a pre-trial conference to ensure readiness for proceedings.