Lees & Halstead and Anor

In *Lees & Halstead and Anor*, Berman J of the Federal Circuit Court of Australia considered an application by the mother for permission to travel with the parties' two children, X and Y, to the United States of America for fifteen consecutive days in December 2018. The father opposed the application.

The primary legal issue before the court was whether to grant the mother's request for international travel with the children, and if so, what conditions should be imposed to safeguard the father's parental rights and ensure the children's return to Australia. The court also had to determine issues relating to parental responsibility for the children's passports and the father's potential recourse should the children not be returned as agreed.

Berman J reasoned that while the father had concerns, the proposed travel was for a limited duration and to a safe destination. The court applied principles of child welfare and the importance of maintaining both parents' involvement in their children's lives. To balance these considerations, the court imposed several conditions on the travel, including the provision of a detailed itinerary and accommodation details to the father, confirmation of the children's return, and the requirement for the maternal grandmother to accompany the children on flights. The court also clarified the mother's sole parental responsibility for the children's passports and granted an injunction restraining the father and paternal grandmother from attending the airport on the children's departure and arrival.

Finally, the court ordered that the mother be permitted to travel with the children to the USA under the specified conditions. In the event the children were not returned to Australia by 31 December 2018, the father was given leave to apply for orders concerning the transfer or sale of the parties' jointly owned property to fund his efforts to secure the children's return.