Lawler and West

In the matter of *Lawler and West*, heard by Judge Hartnett, the dispute concerned an application by the mother for leave to remove the child, X, from the Commonwealth of Australia for the purposes of a holiday. The father opposed this application.

The primary legal issue before the court was whether to grant the mother permission to travel overseas with the child, and if so, under what conditions. This involved balancing the child's best interests, the mother's desire to travel, and the father's concerns about the child's return.

Judge Hartnett granted the mother leave to remove the child for a holiday of no more than three weeks duration, to occur in either July or September 2018, to specified countries. Crucially, the court imposed stringent conditions to safeguard the child's return. These included the mother providing 30 days' written notice with travel details, furnishing a security bond of $35,000 to be held in trust, and ensuring regular communication between the child and the father. An Airport Watch List order was suspended during the travel period. The court also stipulated that the father must provide the child's passport and birth certificate, and the mother must return them promptly upon their return. In the event of the mother failing to return the child, the orders provided for the child to live with the father and spend no time with the mother. All other extant applications were dismissed.