Irvine and Irvine (No 2)

In *Irvine and Irvine (No 2)*, Justice Tree of the Family Court of Australia considered an application by the mother to vary existing Final Orders concerning the passports and international travel of the child. The dispute centred on how the child's passports should be managed and the conditions under which international travel with the child would be permitted.

The court was required to determine whether to vary the existing Final Orders to include specific provisions regarding the release and holding of the child's Australian and German passports, the renewal of these passports, and the conditions for international travel with the child. This included establishing notice periods, information requirements for the non-travelling parent, and the process for passport handover and return.

Justice Tree reasoned that it was in the child's best interests to have their passports managed in a way that facilitated necessary international travel while ensuring the other parent was adequately informed and protected. The court applied principles of child welfare and parental responsibility, incorporating provisions from the *Australian Passports Act 2005* (Cth) to ensure the child's Australian passport could be issued or renewed even if one parent failed to cooperate. The court also established a detailed framework for international travel, balancing the rights of both parents and the child's need for stability and connection.

The court ordered that the Final Orders made on 6 September 2019 be varied to include new orders (9A to 9E) detailing the management of the child's passports and the conditions for international travel. The mother's Amended Initiating Application was otherwise dismissed.