Montrose and Montrose

The matter before the Court concerned an application by the mother, Ms Montrose, for orders relating to international travel for the child, B, and the discharge of existing orders. The father, Mr Montrose, was also a party to the proceedings. The Court was required to consider the terms of previous orders made by Justice Forrest on 2 February 2015 and determine whether to vary or discharge them in light of the current application.

The primary legal issues before the Court were whether the mother should be permitted to obtain a passport for the child without the father's consent and whether she should be allowed to travel internationally with the child to China. The Court also had to consider the terms under which such travel might be permitted, including provisions for the child's communication with the father and the safekeeping of the child's passport upon return to Australia.

Justice Forrest discharged paragraph 10 of the previous orders and made new orders permitting the mother to apply for a passport for the child without the father's consent. The mother was also permitted to take the child to China for international travel, with specific provisions for the period of the child's school holidays. These provisions included requirements for the mother to provide the father with details of flights, accommodation, and contact numbers in China, as well as to ensure the child communicated with the father on a weekly basis and upon arrival and departure from China and upon return to Australia. The child's passport was to be deposited with the Registrar of the Brisbane Registry upon the mother's return to Australia.