McDuff and Seaward

[2016] FamCA 416

FAMILY COURT OF AUSTRALIA

MCDUFF & SEAWARD [2016] FamCA 416

FAMILY LAW – CHILDREN – travel overseas – where the father opposes the mother’s application to travel with the children overseas – where the mother is permitted to travel to Asia with the children for a specified period of time – where the mother must ensure the children have appropriate hotel accommodation and do not travel to certain areas within Asia.

Family Law Act 1975 (Cth) s 60CC

Kuebler & Kuebler (1978) FLC 90-434
Line & Line (1997) FLC 92-729
McDuff & Seaward [2014] FCCA 1012
Seaward & McDuff [2013] FamCA 485

APPLICANT: Ms McDuff

RESPONDENT: Mr Seaward

FILE NUMBER: SYC 2177 of 2011

DATE DELIVERED: 11 May 2016

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Berman J

HEARING DATE: 11 May 2016

REPRESENTATION

COUNSEL FOR THE APPLICANT: Litigant in person

SOLICITOR FOR THE APPLICANT:

COUNSEL FOR THE RESPONDENT: Litigant in person

SOLICITOR FOR THE RESPONDENT:

Orders

1. That the applicant mother be permitted to travel to Asia, with J born … 2004, Z born … 2005 and B born … 1998 for the period between Friday, 17 June 2016 to Sunday, 10 July 2016 inclusive.

2. For the duration of the holiday period, the mother shall ensure that:

   (a)       the children reside overnight in appropriate hotel accommodation;

   (b)the children not be permitted to travel to the areas of Asia, provinces or any location which is subject to a “Reconsider your need to travel” or higher warning by the Department of Foreign Affairs and Trade.

3. Noting the parties are to attend upon a family assessment on 24 May 2016, it is further ordered that the proceedings be listed for mention by the list registrar on a date to be fixed but, in any event, not before 17 July 2016.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Mc Duff & Seaward has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 2177 of 2011

Ms McDuff

Applicant

And

Mr Seaward

Respondent

REASONS FOR JUDGMENT

INTRODUCTION

1. The mother, by application filed at 3 May 2016, seeks orders that she be permitted to travel to Asia with the three children, J born in 2004, Z born in 2005 and B born in 1998.

2. She seeks that the permission to travel to Asia is for the limited period from Friday, 17 June 2016 to Sunday, 10 July 2016 and, in addition, although not immediately apparent from the application and affidavit, she seeks further orders that place condition on the children’s travel, namely that the children reside overnight in hotel accommodation and that there are certain areas within Asia that the children are not to travel to. 

3. The reason for the conditions arises from an earlier hearing in respect of a similar application heard by Judge Monahan on 15 May 2014, with judgment and orders made on 21 May 2014.

4. I…