Prasad and Prasad

In the matter of *Prasad and Prasad*, Young J of the Family Court of Australia considered an application by the Husband concerning the travel of the younger son of the marriage to India. The dispute centred on the terms and conditions under which the child would be permitted to travel, with specific regard to the period of travel and the security to be provided for his return.

The primary legal issue before the Court was whether to grant the Husband liberty to remove the child from Australia to India for a specified period, and if so, what conditions should be imposed to ensure the child's safe return and the Wife's peace of mind. This involved balancing the Husband's desire to travel with the child against the Wife's concerns for the child's welfare and the need for certainty regarding his return.

The Court ordered that the Husband be at liberty to remove the younger son from Australia to India for the period of 21 to 30 April 2007 inclusive. To secure the child's return, the Husband was required to deposit $15,000 with his solicitors, to be held until the child's return was confirmed and other conditions were met. The Court also ordered that a paragraph of previous consent orders be suspended in relation to the child for the travel period, and that the Husband ensure the child telephoned the Wife daily during his stay in India. The Australian Federal Police were to be served with a copy of the orders to give effect to the travel arrangements.