Messina & Obelink

In the matter of *Messina & Obelink*, heard by Bennett J on 30 June 2021, the applicant father sought to exercise his school holiday contact with the child, B. The respondent mother sought an urgent injunction to restrain the father from removing B from Victoria during this period, citing concerns about the risk of contracting COVID-19. The mother also expressed anxiety about potential quarantine requirements upon B's return to Victoria.

The court was required to determine whether to grant an urgent injunction restraining the father from removing the child from Victoria during the school holidays. This involved considering the scope of the court's injunctive power in relation to children, which is confined by the paramount consideration of the child's best interests and the appropriateness of the injunction. The court also had to assess the mother's concerns regarding the COVID-19 pandemic and its potential impact on the child.

Bennett J reasoned that the mother's concerns about the risk of COVID-19 transmission during travel and within an active COVID-19 zone were legitimate and warranted consideration in light of the child's best interests. The court found that granting the injunction was appropriate in the circumstances, particularly given the heightened anxiety the mother experienced and the potential need for quarantine. The court also made orders regarding parental notification of address changes, noting the father's compliance in this instance. The father was restrained by injunction from removing B from Victoria during the specified school holiday period.