NASHI & SHONA

The case of *Nashi & Shona* concerned an application by the Mother for permission for the child, B, born in 2007, to travel internationally. The Father opposed this application. The matter came before Foster J.

The primary legal issue before the court was whether to grant the Mother's application for international travel for the child, and if so, under what conditions. This involved determining the best interests of the child in the context of proposed overseas travel and the father's concerns.

Foster J dismissed the Father's application for an adjournment. The court permitted the child B to travel internationally and allowed the Mother to apply for a passport for the child without the Father's consent. The court also made detailed orders to safeguard the Father's interests, including requiring the Mother to provide a full itinerary and contact details for the proposed travel at least 14 days before departure. The child's passport was to remain in the Mother's custody. Furthermore, the Mother was ordered to deposit $5,000 with her solicitor, to be held on trust. This sum was to be repaid to the Mother upon her return, or disbursed to cover the Father's legal fees if the Mother failed to return the child to Australia, with the Father to provide necessary invoices. The proceedings were listed for further directions, with liberty granted to the Independent Children's Lawyer to relist the matter on short notice and to have photocopy access to subpoenaed documents.