Kanavas and Vardalasos

In the matter of *Kanavas and Vardalasos*, heard before Young J, the dispute concerned the welfare of a child born in June 2005. The orders made by the Court indicate a disagreement between the parents, the mother and the father, regarding the child's residence and, specifically, the mother's potential removal of the child from the State of Victoria. The proceedings also touched upon the application for a passport for the child.

The central legal issues before the Court were whether to restrain the mother from removing the child from Victoria and whether to prohibit either parent from applying for a passport for the child without the other's consent. The Court was also required to consider the filing of updated affidavits by both parties and the father's entitlement to costs.

Young J ordered that the mother be restrained from removing the child from Victoria or permitting any other person to do so, until further order. Furthermore, neither parent was permitted to apply for a passport for the child without the prior written agreement of the other. The Court adjourned all existing applications for mention on 4 August 2008, directing parties to file and serve updated affidavits by 29 July 2008. Liberty was reserved for either party to apply on proper material, subject to obtaining leave from a Registrar in cases of genuine urgency. The father was awarded costs of $1200, with payment to be determined at the adjourned hearing. The father was also granted leave to issue subpoenas for documents, returnable on 29 July 2008. The Court certified that the matter reasonably required the attendance of counsel for both parties.