LINDNER & LINLEY

In the Federal Circuit Court of Australia, Judge Scarlett considered an application by the Applicant Mother concerning the child of the marriage, X, born in 2008. The dispute centred on the mother's request to take the child out of Australia for a holiday to a specified country between certain dates in 2014.

The primary legal issue before the court was whether to grant the mother permission to travel internationally with the child, and if so, what conditions should be imposed to safeguard the child's welfare and ensure their return to Australia. This involved considering the provisions of the *Australian Passports Act 2005* regarding the application for and use of a passport for international travel.

Judge Scarlett permitted the mother to take the child on the proposed holiday, subject to several strict conditions. These included the mother depositing $10,000 with the court as security, to be released to the father if the child was not returned by a specified date. The mother was also required to provide the father with the full itinerary, including accommodation and contact details, and to telephone the father weekly to allow him to speak with the child. The court further ordered that the child's passport be lodged with the court upon their return, after which the security deposit would be returned to the mother. The substantive application was adjourned for further mention.