Portelli and Wymer

This matter concerned an application by the Mother for liberty to take the child, X, born in 2015, out of the Commonwealth of Australia for an overseas holiday between 15 July 2019 and 4 August 2019. The Father opposed the application. The proceedings were before Rees J in the Family Court of Australia.

The primary legal issue before the Court was whether to grant the Mother permission to travel internationally with the child, and if so, on what conditions. This involved balancing the child's right to maintain a relationship with both parents against the potential risks associated with international travel, particularly concerning the child's return to Australia. The Court also considered the need for appropriate security and communication arrangements during the period of travel.

Rees J ordered that the Mother be at liberty to take the child overseas on specific conditions. These included providing the Father with copies of return plane tickets, the travel itinerary, travel insurance, and a contact number for the child. Crucially, the Mother was required to lodge a security payment of $500,000 into her solicitors' trust account as security for the child's return to Australia by 4 August 2019. The Mother was also ordered to facilitate reasonable telephone or Facetime communication between the child and the Father during the holiday. The Court also made orders regarding the child's passport application and removal from the Family Watch List, and specified the consequences of contravening the orders.