Kashef & Kashef

In the matter of *Kashef & Kashef*, Hannam J of the Family Court of Australia considered an application by the mother for orders concerning the children's passports and international travel. The dispute arose after the parties had substantially settled parenting issues by consent, with the mother having sole parental responsibility and the children spending no time with the father. The discrete issue before the court was whether the mother should be permitted to obtain passports for the children and remove them from Australia for holiday purposes, without the father's consent. The father opposed these orders, while the Independent Children's Lawyer (ICL) supported them.

The court was required to determine whether it was in the best interests of the children to grant the mother sole authority to obtain passports and to permit her to remove the children from Australia for international holiday travel at her discretion. This determination was to be made in light of the paramount consideration of the children's best interests, notwithstanding the father's opposition.

Hannam J reasoned that the mother's sole parental responsibility for the children, as previously ordered by consent, provided a strong basis for granting the requested orders. The court accepted the ICL's submission that the proposed orders, while granting the mother significant latitude, did place some limitations on her ability to travel, offering the father some comfort. Crucially, there was no evidence suggesting the mother intended to relocate the children permanently or that their Australian citizenship was at risk. The mother had indicated her intention to maintain the children's current schooling arrangements, which were supported by existing orders restricting her from changing schools.

Consequently, having regard to all the circumstances and giving particular weight to the mother's sole parental responsibility, Hannam J was satisfied that it was proper to make the orders sought by the mother and supported by the ICL. The orders made authorised the mother to obtain passports for the children and permitted her to remove them from Australia for international holiday travel at her discretion.