Kerson & Blake (No. 2)

This case concerned an application by Ms Kerson (the applicant mother) and Mr Blake (the respondent father) regarding parenting orders for their two children, B and C. The court had previously ordered that the children live with the father in Australia and that the parents share equal parental responsibility. The present proceedings concerned further orders regarding the children spending time with the mother, who resides in the United States of America, and other related matters.

The primary legal issues before the court were: (1) whether it was in the children's best interests to spend time with their mother in the USA, considering current COVID-19 travel restrictions and the associated logistical and financial challenges; (2) the specific arrangements for such time, including the duration, frequency, and travel logistics; and (3) the terms of ongoing communication between the children and both parents, as well as provisions for the sharing of information and parental responsibilities.

Justice Baumann considered the evidence regarding the children's best interests, the practicalities of international travel during the pandemic, and the financial implications for both parents. The court noted that the Department of Home Affairs had granted an exemption for the children to travel to the USA on compassionate and compelling grounds. The court reasoned that it was in the children's best interests to spend time with their mother, despite the travel complexities. The court applied principles of children's best interests and the need for practical, enforceable orders, taking into account the specific circumstances of international travel restrictions.

The court made final orders for the children to spend time with the mother in the USA during school holiday periods, commencing with the end of term four holidays in 2020. These orders detailed specific travel arrangements, including flight bookings, cost-sharing, and conditions related to potential quarantine requirements. The orders also established a framework for future annual time with the mother in the USA, as well as provisions for the mother to spend time with the children in Australia. Furthermore, the court made detailed orders regarding electronic communication between the parents and children, the holding of passports, the provision of health and educational information, and various restraints on parental conduct.