Lam and Zeng

In the matter of *Lam and Zeng*, heard before Judge Scarlett, the dispute concerned an application by the mother for permission to remove the child, X, from Australia to travel to China for a period of approximately four weeks. The application also sought authorisation for the mother to obtain an Australian passport for X without the father's consent.

The court was required to determine whether to grant the mother's application for international travel for the child, and whether to dispense with the father's consent for the issuance of a passport. Implicit in these determinations was the need to consider the best interests of the child, X, in the context of the proposed travel and passport application.

Judge Scarlett granted the mother permission to remove X from Australia to China between 1 October and 28 October 2015, and authorised her to apply for and receive an Australian passport for X without the father's consent. These orders were made subject to several conditions designed to ensure the father remained informed and in contact with X during the travel period. Specifically, the mother was required to provide the father with X's travel itinerary, accommodation details in China, and a contact number. She was also mandated to ensure X communicated with the father by telephone at least twice weekly while in China, with the mother's assistance. Furthermore, the travel permission was conditional upon the mother obtaining and providing written permission from X's school for the absence during the specified dates.