Lu and Fotheringham

In the matter of *Lu and Fotheringham*, heard by Cohen J, the applicant mother sought permission to remove the child of the marriage from Australia to the Philippines for a holiday. The respondent father opposed this application.

The central legal issue before the court was whether to grant the mother's application for the child's temporary removal from Australia, and if so, what conditions should be imposed to safeguard the child's return and the father's parental rights.

Cohen J permitted the child's removal to the Philippines from 8 July 2009 to 27 July 2009, subject to specific conditions. These included the mother lodging a bank bond or other security of $8,000.00 with the Court by 4:00 pm on 2 July 2009, to ensure the child's return by 27 July 2009. Additionally, the mother was required to provide the father with a notarised letter confirming the trip was solely for a holiday, that Australia was the child's habitual and permanent residence and citizenship, and acknowledging the obligation to return the child by the specified date. The court also requested the Australian Federal Police remove the child's name from the Airport Watch List during the travel period. The lodged security was to be held by the Court until the child's return, at which point it would be released to the mother.