MALETTA & BASSI

In the matter of *Maletta & Bassi*, Bell J of the Federal Magistrates Court of Australia considered an application concerning the travel of a child, X, born in April 1998. The proceedings originated from an order made by Federal Magistrate Monahan on 20 July 2010, which was subsequently varied by the present orders. The applicant father had filed a notice of discontinuance on 15 June 2012.

The central legal issues before the court involved the liberty of the mother to travel overseas with the child, the provision of notice and documentation to the father regarding such travel, and the process for obtaining or renewing the child's passport. The court was also required to determine the discharge of the Independent Children's Lawyer and the finalisation of the matter.

Bell J's reasoning led to the variation of the existing order to permit the mother to travel overseas with the child, subject to providing the father with twenty-eight days' notice and specific travel details, including a copy of the return airline ticket and itinerary. The court further ordered the father to execute a passport application for the child within fourteen days of presentation. Crucially, in the event of the father's refusal or neglect to do so, a Registrar or Deputy Registrar was appointed under s 106A of the relevant Act to execute the application on his behalf, ensuring the validity of the passport process. The Independent Children's Lawyer was discharged, and the matter was removed from the list of cases awaiting finalisation. The orders also included a standard annexure detailing obligations, consequences of contravention, and sources of assistance, pursuant to ss 62B and 65DA(2) of the Act.