Irvine & Irvine

In the matter of *Irvine & Irvine*, heard by Baumann J, the parties were Mr Irvine (the applicant father) and Ms Irvine (the respondent mother). The dispute concerned parenting orders for the child, X, and a claim for spouse maintenance by the mother. The primary parenting issue arose from the impact of COVID-19 international travel restrictions, which had prevented the child from travelling to Germany for holidays as previously ordered in 2019.

The court was required to determine revised arrangements for the child's international travel with the mother, considering the ongoing travel restrictions. Additionally, the court had to consider the mother's application for spouse maintenance following the expiration of a previous order. The court also addressed specific parenting arrangements for special occasions and school holidays, and the father's application to restrain the removal of the child from Australia.

Baumann J applied the paramount consideration of the child's best interests, as mandated by the *Family Law Act 1975* (Cth). The court acknowledged the mother's understandable desire to spend time with her family in Germany, particularly given her lack of local support and English not being her first language. However, the court also noted the significant mistrust and lack of respect between the parents, which complicated co-parenting. The court made consent orders for modified international travel arrangements, allowing the child to spend up to four weeks in Germany during Australian mid-term school holidays, with specific notice and communication requirements. The court also made detailed orders regarding Christmas holidays and special occasions, and maintained existing restraints on international travel, including the child's name on the Airport Watch List.

The mother's applications for the father to contribute to overseas travel costs and for her spouse maintenance claim were dismissed. The court also dismissed the mother's application to limit the father's time with the child. Leave was granted for the mother to file an application for further international travel orders once COVID-19 restrictions were lifted, should the parents be unable to agree.