Menil & Cambronnk

In the matter of Menil & Cambronnk, Brown J of the Family Court of Australia considered an application by the mother for leave to take the child, G, born in November 2002, out of the Commonwealth of Australia for a holiday. The father opposed this application.

The central legal issues before the court were whether to grant the mother leave to remove the child from Australia, and if so, under what conditions, and whether there was a sufficient risk of the child not being returned to Australia. The court also considered the issue of costs.

Brown J refused the mother's application, finding that there was a risk of the child not being returned to Australia and that the mother had not demonstrated sufficient parental reliance. The court applied principles relating to the welfare of the child and the prevention of international child abduction. Consequently, the court ordered that both parties be restrained from removing the child from Australia and directed that the child's name be placed on the Airport Watch List. The court also ordered that the mother pay a portion of the father's costs.