McCabe and McCabe

In the matter of *McCabe and McCabe*, Bennett J considered an application by the wife concerning her daughter, born in May 2003. The dispute centred on the wife's desire to travel overseas with the child and the husband's concerns regarding the child's return. The court was required to determine whether to permit the child to travel internationally with the wife and, if so, under what conditions to safeguard the child's welfare and ensure her return to Australia.

The court's reasoning focused on balancing the wife's right to travel with the child against the husband's parental rights and the child's best interests. To address the husband's concerns, the court imposed stringent conditions on the proposed travel. These included requiring the wife to provide advance written notice of her itinerary, maintain a functioning mobile telephone, and deposit a significant sum of $15,000 with her solicitors as security for the child's return. Furthermore, the child's passport was to be held by the husband's solicitors, released only upon the wife demonstrating her imminent departure and returned within two business days of their arrival back in Australia.

In addition to the travel arrangements, the court made orders for extended time for the husband to spend with the child prior to her departure and for a period of cohabitation with the husband upon the child's return. The court also ordered that the wife would be in substantial attendance with the child while overseas. The wife's application filed on 13 April 2007 and the husband's response filed on 17 May 2007 were otherwise dismissed, with a separate application by the wife to be adjourned. The orders also included standard annexures detailing obligations, consequences of contravention, and sources of assistance related to parenting orders.