LI & MENG (No.2)

This matter concerned an application by the mother for permission to travel to China with the parties' three children, aged 17, 12, and 8 years, during the January 2016 school holidays. The father opposed the issuance of Australian passports for the children, submitting that this issue should be deferred until the final hearing. The court also considered interim parenting orders concerning school holiday arrangements for the two younger children, with particular regard to the youngest child's special needs and the benefit of maintaining a meaningful relationship with both parents.

The primary legal issues before the court were whether to grant permission for the children to travel internationally, specifically to China, and the appropriate interim parenting arrangements for the children, including time spent with each parent during school holidays. The court was also required to determine whether to permit the mother to apply for Australian passports for two of the children without the father's consent, and to consider the transfer of the proceedings to the Family Court of Australia given the estimated length of the final hearing.

Judge Scarlett reasoned that, in the best interests of the children, it was appropriate to restrain all parties from removing the children from Australia without leave of the court until a specified date. The court permitted the mother to apply for Australian passports for the two younger children on or after a future date without the father's consent, and stipulated that any future international travel by either parent with these children after that date would require at least six weeks' prior written notice and a full itinerary. Interim parenting orders were made for the children's time with each parent during school holidays, and the parties were ordered to attend upon a Family Consultant for the preparation of a Family Report.

The proceedings were ultimately transferred to the Family Court of Australia at Sydney.