MCGOVERN & DONOGHUE (No.2)

In McGovern & Donoghue (No.2), heard before Judge Kirton, the father sought orders to permit him to travel with the child to a specified country. The primary dispute concerned the safety of such travel, particularly in light of travel advice issued by the Australian Department of Foreign Affairs and Trade (DFAT). The court was required to determine whether it was in the child's best interests to travel to the specified country, and if so, under what conditions.

The court's reasoning focused on the paramount consideration of the child's best interests. It applied the principles of the *Family Law Act 1975* concerning international travel. Crucially, the court considered the DFAT travel advice, imposing a condition that the father would not take the child to any part of a country for which DFAT had published a travel warning or safety risk beyond "Level 2 – Exercise a high degree of caution." This condition aimed to mitigate potential risks associated with the travel.

The court made orders authorising the father to remove the child from Australia for travel to the specified country between 3 August 2018 and 13 August 2018. Additionally, by consent, the court varied existing orders to provide for "make-up" time for the child with the mother between 21 December 2018 and 14 January 2019, to compensate for the period the child would be travelling with the father. The court also made specific provisions for the child's time with the mother during other holiday periods and for telephone communication.